Patna High Court

Sabina Khatoon @ Sabina KhatunversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that bail should be granted to the petitioners subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, four residents of Dilawarpur, sought bail fearing arrest in a case (PS Baheri, Case No. 418 of 2025) that alleged offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, including assault and other violent crimes. The FIR specifically implicated petitioners 1 and 2 for assault, while petitioners 3 and 4 were not directly accused of assault; the injuries were described as simple. The State and the informant opposed bail. The court considered the nature of the injuries, the petitioners' clean antecedent, and other circumstances, and concluded that bail could be granted if the petitioners surrendered within eight weeks, provided they furnished a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 482(2) of the BNS. The order thus granted bail to all petitioners under the stipulated conditions.

Issues considered

Whether bail should be granted to the petitioners accused of offences under sections 126(2), 115(2), 324(4), 329(4), 118(1), 109(1), 74, 351(2), 303(2), 352 and 3(50) of the Bharatiya Nagarik Suraksha Sanhita.
Whether the simple nature of injuries and the petitioners' clean antecedent justify bail.
Whether the conditions prescribed under Section 482(2) of the BNS are satisfied for granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 324(4), 329(4), 3(50), 351(2), 352, 482(2), 74

Subjects

bail
criminal procedure
section 482
Bharatiya Nagarik Suraksha Sanhita
assault
clean antecedent
bond and sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1710 of 2026
                      Arising Out of PS. Case No.-418 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
           1.    Sabina Khatoon @ Sabina Khatun W/o Rahmat Ali R/o Village- Dilawarpur, PS- Baheri,
                 District- Darbhanga
           2.    Md. Dil Nawaz @ Md. Dilnvaj S/o Shaukat Ali @ Shokat Ali R/o Village- Dilawarpur, PS-
                 Baheri, District- Darbhanga
           3.    Anwari Khatoon @ Anvari Khatun W/o Ahmad Ali R/o Village- Dilawarpur, PS- Baheri,
                 District- Darbhanga
           4.    Sabina Khatoon @ Sabina Khatun D/o Rahmat Ali R/o Village- Dilawarpur, PS- Baheri,
                 District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Md. Shamimul Hoda, Advocate
                 For the Opposite Party/s   :      Mr. Yogendra Kumar Singh, APP
                 For informant              :      Mr. Yogendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                                  Heard learned counsel for the petitioners,

                   informant and the State .

                                 2. Petitioners apprehend his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   324 ( 4 ), 329 ( 4 ), 118 (1) , 109 (1) , 74, 351 ( 2 ), 303 ( 2 ),

                   352 and 3 (50 of BNS.

                                   3 . As per F.I.R. petitioner Nos. 1 and 2 assaulted

                   informant and there is no specific allegation of assault against

                   petitioner Nos. 3 and 4. Injuries caused by petitioner Nos. 1 and

                   2 are simple in nature . Petitioners claim clean antecedent.

                                  4. Learned counsel for the State as well as informant
            Patna High Court CR. MISC. No.1710 of 2026(2) dt.28-01-2026
                                                        2/2




                      opposed the bail petition .

                                    5 . Considering the aforesaid facts, nature of injury ,

                      clean antecedent of the petitioners and other circumstances of

                      the case , in the event of arrest or surrender within eight weeks

                      from today, let the petitioner, as named above, 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

                      the learned ACJM-VII, Darbhanga in connection with Baheri

                      P.S. Case No. 418 of 2025 , subject to the conditions laid down

                      under section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

Continue reading with your account

Checking your session…