Patna High Court
Shabana KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Shabana Khatoon and Amna Khatoon, applied for bail in connection with a murder case (Kateya P.S. Case No.550 of 2025) under Sections 103(1), 61(2) and 3(5) of the BNS. The prosecution alleged that the petitioners captured the informant's son, Krishna Gupta, after which Shahid Mian stabbed him, leading to his death. The petitioners' counsel argued that the informant was not an eye‑witness, the accused were named merely on suspicion, the main allegation was against Shahid Mian, and the petitioners had no prior criminal record, having been in custody since 2 Oct 2025. The State opposed the bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners under Sections 103(1), 61(2) and 3(5) of the BNS given the facts of the case
Legislation cited
- BNS — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- suspicion
- no prior criminal antecedent
- Sections 103, 61, 3 BNS
- murder
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16527 of 2026
Arising Out of PS. Case No.-550 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
1. Shabana Khatoon D/o Shamsuddin Ansari Resident of Village- Patkhauli,
P.S- Kateya, District- Gopalganj
2. Amna Khatoon @ Asma Khatoon W/o Shamsuddin Ansari Resident of
Village- Patkhauli, P.S- Kateya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Kateya P.S. Case No.550 of 2025 registered for the offence
punishable under Sections 103(1), 61(2) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that both
the petitioners caught the son of the informant, namely, Krishna
Gupta and after that one Shahid Mian stabbed him due to which
he succumbed to the injuries.
4. Learned counsel appearing on behalf of the
petitioners has submitted that from perusal of the FIR it is clear
that the informant is not the eye-witness of this case. Learned
counsel for the petitioners has submitted that the manner in
Patna High Court CR. MISC. No.16527 of 2026(3) dt.21-04-2026
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which the FIR has been filed, it seems that the accused persons
have been named in this case only on the basis of suspicion.
Learned counsel for the petitioners has further submitted that in
any view of the matter, main thrust of allegation is against
Shahid Mian. Learned counsel for the petitioners has further
submitted that the petitioners are having no criminal antecedent
and they are in judicial custody since 02.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned District & Additional Sessions Judge-I, Gopalganj in
connection with Kateya P.S. Case No.550 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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