Patna High Court
Chunchun KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond, sureties and conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Chunchun Khatun and Ayesha Khan, sought anticipatory bail fearing arrest in connection with FIR dated 27‑10‑2025 relating to a communal disturbance where stones were allegedly thrown at a Durga procession. The prosecution alleged offences under numerous sections of the Indian Penal Code and Section 9 of the Bihar Control of Use and Play of Loudspeaker Act, but did not allege any specific act by the petitioners. The petitioners argued they have a clean antecedent and that the allegations against them are merely omnibus, noting that similarly situated co‑accused had already been granted anticipatory bail. The Additional Public Prosecutor opposed the bail. The Court, considering the lack of specific allegations, the petitioners’ clean record, and the precedent of bail to co‑accused, granted anticipatory bail subject to a bond of Rs 10,000, two sureties and conditions under Section 438(2) CrPC. The order also imposed compliance conditions such as cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the general allegations and their clean antecedent
- Whether the conditions imposed under Section 438(2) CrPC are appropriate
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 147, 148, 149, 153(A), 188, 290, 295, 295(A), 296, 307, 332, 333, 337, 338, 353, 427
Subjects
- anticipatory bail
- public order offences
- clean antecedent
- section 438 CrPC
- Bihar
- IPC
- loudspeaker act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20022 of 2026
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Chunchun Khatun W/O Neyamat Khan R/O Mohalla- Near Choti Masjid
Nai bazar, P.S.- Bhagwan Bazar, Dist.- Saran.
2. Ayesha Khan @ Ayesha Khatun W/O Md. Amanat R/O Mohalla- Near Choti
Masjid Nai bazar, P.S.- Bhagwan Bazar, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Vijay Kumar Srivastva, learned counsel
for the petitioners and Mr. Abhay Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Bhagwan Bazar P.S. Case No. 423 of 2023,
F.I.R. dated 27.10.2025 for the offences punishable under
Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337,
338, 307, 332, 333, 353, 427 and 120(B) of the IPC and Section
9 of Bihar Control of use and play of Loudspeaker Act.
3. According to prosecution case, some unsocial
element pelted stones upon the procession of Goddess Durga
when it reached near Masjid.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.20022 of 2026(2) dt.17-04-2026
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implicated in the present case. He further submits that the
petitioners are named in the FIR but there is no specific
allegation of assault or overt act attributed against the petitioners
rather there is general and omnibus allegation against all the
accused persons including these petitioners. He further submits
that the similarly situated co-accused, namely, Arslan Khan @
Kallu and another have been granted anticipatory bail by this
Court vide order dated 15.07.2025 passed in Cr. Misc. No. 39854
of 2025 and another co-accused, namely, Sanjay Kumar has been
granted anticipatory bail by a Co-ordinate Bench of this Court
vide order dated 22.05.2024 passed in Cr. Misc. No. 32926 of
2024.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation against the petitioners and the similarly situated co-
accused persons have been granted anticipatory bail, let the
petitioners, above named, in the event of their arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M.-II, Saran
Patna High Court CR. MISC. No.20022 of 2026(2) dt.17-04-2026
3/3
at Chapra in connection with Bhagwan Bazar P.S. Case No. 423
of 2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure and with other
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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