Patna High Court
WakilaversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The application is partly allowed: bail is granted to petitioners Nos. 1, 2 and 5, and dismissed for petitioners Nos. 3, 4 and 6.
Summary
The petitioners, six residents of Akarthapa village, sought relief from anticipated arrest in a criminal case (Bhargama P.S. Case No. 225 of 2025) involving alleged mob killing and land‑capture offences under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act. The petitioners contended that the allegations against three of them – Wakila, Laliya and Kasira – were vague and omnibus, while the remaining three were alleged participants in the mob. The High Court examined the nature of the accusations, the gender of the three female petitioners, and the procedural safeguards under Section 482 of the BNSS and Section 438(2) of the CrPC. It held that bail could be granted to the three women, subject to a bond of Rs.10,000 with two sureties each, if they surrendered within six weeks. The application for the other three petitioners was dismissed, resulting in a partial grant of relief.
Issues considered
- Whether bail should be granted to the female petitioners (Nos. 1, 2 and 5) under Section 482 BNSS and Section 438(2) CrPC.
- Whether the application for bail should be dismissed for petitioners Nos. 3, 4 and 6.
- Whether the allegations against the female petitioners constitute sufficient ground for arrest.
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
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- mob violence
- land dispute
- women accused
- Section 482
- Section 438
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20970 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
======================================================
1. Wakila Wife of Bakrid Resident Of Village- Akarthapa, Ward No 8, Police
Station- Bhargama, District -Araria
2. Laliya Wife of Md. Azam Resident Of Village- Akarthapa, Ward No 8,
Police Station- Bhargama, District -Araria
3. Mainuddin Son of Jahruddin Resident Of Village- Akarthapa, Ward No 8,
Police Station- Bhargama, District -Araria
4. Nazam son of Late Jabul Resident Of Village- Akarthapa, Ward No 8, Police
Station- Bhargama, District -Araria
5. Kasira Wife of Sabir Resident Of Village- Akarthapa, Ward No 8, Police
Station- Bhargama, District -Araria
6. Dilshad Son of Mainuddin 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.Ramesh Kumar Singh, Advocate
For the State : Mr.Tarun Prasad Mandal, Advocate
For the Informant : Mr. Navjot Yushu, Advocate
Mr. Abhishek Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned 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),
Patna High Court CR. MISC. No.20970 of 2026(2) dt.30-04-2026
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118(1), 109, 103(1), 303(2), 352 of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
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 nos. 1, 2, and 5 are concerned,
they are women and there is general and omnibus allegation
against them. 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 nos. 1, 2 and 5 and dismissed with
regard to petitioner nos. 3, 4 and 6.
7. Let the petitioner nos. 1, 2 and 5, above named, in
the event of their 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) each 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 2025, subject to the
Patna High Court CR. MISC. No.20970 of 2026(2) dt.30-04-2026
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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)
P. Kumar
U T
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