Patna High Court
Bibi NasrinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Bibi Nasrin, a resident of Araria district, was named in an FIR relating to a land dispute in which she and others allegedly assaulted an informant's family, resulting in the informant's husband's death. The petition sought anticipatory bail, arguing that the FIR contains only a general, omnibus allegation against her without specifying her role, and she has a clean antecedent. The State opposed the bail, citing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita. The Court considered the nature of the accusations, the lack of specific involvement, and her clean record. It granted anticipatory bail, directing that if she is arrested or surrenders within eight weeks, she may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Chief Judicial Magistrate of Araria.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the general allegations in the FIR and the nature of the offences.
- Whether the petitioner’s clean antecedent and lack of specific role in the alleged assault warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 103(2), 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352, 76
Subjects
- anticipatory bail
- FIR
- land dispute
- assault
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15602 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Bibi Nasrin Wife of Musibur Rahman Resident of Village - Gogra Ward no.
13, Ps- Jokiht, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Ansari, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
76, 303(2), 352, 351(3) & 3(5) of the Bhartiya Nyaya Sanhita
and later on, Section 103(2) of the B.N.S. was also added.
3. As per prosecution case, on 09.06.2025 at about 9
AM, due to land dispute, this petitioner along with others
assaulted informant, her husband & other family members with
sticks and sharp knives, as a result of which, husband of
informant died during course of treatment.
4. Learned counsel for the petitioner submits that
from perusal of F.I.R., it is apparent that specific accusation of
assault is against other co-accused persons. So far as petitioner
is concerned, there is general & omnibus allegation. F.I.R. does
Patna High Court CR. MISC. No.15602 of 2026(2) dt.28-04-2026
2/2
not disclose any specific role to this petitioner. Petitioner is lady
and claims clean antecedent
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Araria in connection with Jokihat P. S. Case No. 182
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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