Patna High Court
NajaranaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to petitioner No. 1 but denied to petitioners No. 2‑5.
Summary
The petitioners, five residents of Akarthapa village, sought relief from imminent arrest in connection with a criminal case (Bhargama PS Case No. 225 of 2025) alleging multiple offences under the Bharatiya Nyaya Sanhita and the Arms Act, stemming from a mob killing allegedly committed to capture land. The petitioners argued that the allegations against them, particularly petitioner No. 1, a woman, were vague and that she was entitled to bail. The court examined the nature of the charges, the specific allegation against petitioner No. 1, and the statutory provisions governing bail. It held that while the allegations against the other four petitioners justified denial of bail, petitioner No. 1 could be released on bail subject to a bond and sureties. Consequently, the application was partly allowed – bail granted to petitioner No. 1 and denied to petitioners No. 2‑5.
Issues considered
- Whether petitioner No. 1 is entitled to bail under Section 438(2) of the Code of Criminal Procedure in view of the charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the allegations against the other petitioners justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 352, 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- mob violence
- land dispute
- gender
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17276 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
======================================================
1. Najarana Wife of Bakib @ Wakib Resident Of Village -Akarthapa, Ward No
8, Police Station -Bhargama, District- Araria
2. Wajul Son of Late kari Resident Of Village -Akarthapa, Ward No 8, Police
Station -Bhargama, District- Araria
3. Atabul Son of Late Khantar Resident Of Village -Akarthapa, Ward No 8,
Police Station -Bhargama, District- Araria
4. Afagan Son of Late Jabir Resident Of Village -Akarthapa, Ward No 8, Police
Station -Bhargama, District- Araria
5. Salman Son of Late Jabir Resident Of Village -Akarthapa, Ward No 8,
Police Station -Bhargama, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Pd. Singh, Sr.Advocate
Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-05-2026 Heard Mr. Krishna Pd. Singh, learned Senior
Counsel for the petitioners; learned A.P.P. for the State and
learned counsel for the informant.
2. The petitioners apprehend arrest in connection
with Bhargama P.S. Case No. 225 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190,
126(2), 115(2),118(1), 109, 103(1), 303(2), 352 of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.17276 of 2026(3) dt.08-05-2026
2/3
3. The petitioners and others are accused of killing
the deceased. There is specific allegation of giving a fatal
blow against one Md. Azam. The petitioners are the
member of the mob and they were trying to capture the
land.
4. I have heard and considered the submissions of
the parties.
5. So far as petitioner no. 1 is concerned, she is a
woman and there is general and omnibus allegation against
her. So far as other petitioners are concerned, they are the
member of mob and were trying to capture the land.
6. In view of the above, this application is allowed
with regard to petitioner no. 1 only and dismissed with
regard to petitioner nos. 2, 3, 4 and 5.
7. Let the petitioner no. 1 above named, in the
event of her arrest or surrender before the Court below
within six weeks from today, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Araria/ concerned
Court in connection with Bhargama P.S. Case No. 225 of
Patna High Court CR. MISC. No.17276 of 2026(3) dt.08-05-2026
3/3
2025, subject to conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
8. Accordingly, this application is partly allowed.
(Sandeep Kumar, J)
tusharika/-
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