Patna High Court

Aslam Hussain @ AslamversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS, 2023.

Summary

The petitioners, Aslam Hussain and his wife Sabira Khatoon, sought anticipatory bail after an FIR was lodged alleging they, along with others, assaulted a woman who later died. The prosecution alleged the assault was in retaliation for an illicit relationship, and the petitioners were implicated as relatives of the victim. The petitioners argued they had no involvement, were living separately, and had clean records, contending the allegations were merely based on familial ties. The State opposed the bail, but the court considered the lack of direct evidence against them and the clean antecedent. The court granted anticipatory bail, subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the BNSS, 2023, to be surrendered within four weeks if arrested.

Issues considered

Whether the petitioners are entitled to anticipatory bail under the BNSS, 2023 in view of the allegations against them.

Legislation cited

BNSS, 2023 — s. 102, 2(1)(d), 3(5), 482(2), 62, 80

Subjects

anticipatory bail
criminal procedure
assault causing death
family dispute
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15897 of 2026
                       Arising Out of PS. Case No.-110 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
           1.     Aslam Hussain @ Aslam S/O Md. Hadish R/o Village- Katalpur,
                  Hanumanganj, P.S- Mashrak, District- Saran
           2.    Sabira Khatoon W/O Aslam Hussain @ Aslam R/o Village- Katalpur,
                 Hanumanganj, P.S- Mashrak, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anjani Parashar, Adv.
                 For the Opposite Party/s :       Mr.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                      Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Mashrakh P.S. Case No.110 of 2025 lodged on

                   15.03.2025, for the offences punishable under Sections 80, 102,

                   62 and 3(5) of the B.N.S., 2023.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioners

                   against whom there is allegation that they in connivance with

                   each other beaten the victim when she caught illicit relationship

                   with his brother’s wife. Upon assault, she becomes unconscious

                   and died.
Patna High Court CR. MISC. No.15897 of 2026(2) dt.25-03-2026
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                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel also submits that petitioners are brother-in-law and

          sister-in-law of the victim. The allegation made against the

          petitioners is general and omnibus. He further submits that the

          petitioners are living separately and have no concern with the

          life of victim and her husband. Only being a relative, the

          petitioners were being made accused in this case.

                       5. Counsel further submits that the bail application of

          the husband of the victim has been rejected by this Court vide

          order dated 25.03.2026 passed in Cr. Misc. No.15727 of 2026.

                       6. Counsel submits that the criminal antecedent of the

          petitioners is clean.

                       7. Learned APP for the State opposes the prayer for

          bail of the petitioners.

                       8. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of A.C.J.M.-7th, Saran at Chapra in connection with
           Patna High Court CR. MISC. No.15897 of 2026(2) dt.25-03-2026
                                                       3/3




                     Mashrak P.S. Case No.110 of 2025, subject to the conditions as

                     laid down U/s 482(2) of the BNSS, 2023.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U      T

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