Patna High Court
Sultan Rain @ Sultan RainaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Sultan Rain and his wife Bahisa Khatoon, sought anticipatory bail fearing arrest in a case registered under several IPC offences, including assault with a deadly weapon. The prosecution alleged that on 14 June 2024 the petitioners assaulted an informant with an axe after a dispute over the informant's daughter‑in‑law. The petitioners contended they were innocent, highlighted the six‑day delay in filing the FIR, and asserted no charge against the wife, emphasizing their clean antecedents. The State opposed the bail application. The Court, considering the delay, lack of clear evidence against the wife, and the petitioners' claims, granted anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging offences under the IPC.
- Whether the delay in lodging the FIR and the absence of specific allegations against the wife justify granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 354, 504, 506
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- delay in FIR
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.167 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- PANDAUL District- Madhubani
======================================================
1. Sultan Rain @ Sultan Raina Son of Mazlum Rain @ Majium R/o Village -
Biraul, P.S. - Pandaul, District - Madhubani.
2. Bhisha Khatoon @ Bahisa Khatoon Wife of Sulatan Rain @ Sultan Raina
R/o Village - Biraul, P.S. - Pandaul, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 307, 354, 504,
506, 34 of the Indian Penal Code.
3. As per prosecution case, on 14.06.2024 at about
9:30 AM, all the F.I.R. named accused persons, including these
petitioners abused daughter-in-law of the informant and on
protest, petitioner no. 1 caught informant and assaulted on his
head by means of axe.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. There
Patna High Court CR. MISC. No.167 of 2026(2) dt.20-01-2026
2/2
is no allegation of assault against petitioner no. 2. F.I.R. has
been lodged after inordinate delay of six days which itself raises
doubt over veracity of the prosecution case. There is case and
counter case. Injuries, sustained by the injured, is simple in
nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
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) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Madhubani in connection with Pandaul P. S. Case No. 149 of
2024, 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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