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Patna High Court

Bibi NasrinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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