Patna High Court
Bibi Rahmati @ Rahmati @ Bibi RahmatiaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court grants anticipatory bail to the petitioners, subject to a bail bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioners, Bibi Rahmati and Bibi Afsari, were named in an FIR (Palasi P.S. Case No. 485 of 2025) under several sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault and related offences. The prosecution’s case primarily implicated another accused, Md. Mujafar, for the assault that led to a death, while the petitioners asserted they had no involvement and possessed clean records. Both petitioners sought anticipatory bail, arguing that the FIR did not specifically allege any wrongdoing against them. The State opposed the bail but conceded that the specific allegation was against Md. Mujafar. The Court examined the FIR and the submissions, finding no direct accusation against the petitioners, and consequently granted anticipatory bail subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the BNS. The order directs the bail bond to be filed with the Chief Judicial Magistrate, Araria, within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to petitioners named in an FIR when the specific allegations pertain to another accused.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 2(1)(d), 329(4), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- FIR
- criminal procedure
- Bhartiya Nyaya Sanhita
- section 329
- section 126
- section 115
- section 103
- section 352
- section 3
- section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21967 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- PALASI District- Araria
======================================================
1. Bibi Rahmati @ Rahmati @ Bibi Rahmatia W/o- Late Hasim R/v- Kurjri
W.No-10, Ps- Palasi Dist- Araria
2. Afsari @ Bibi Afsari @ Afsar W/o- Asad R/v- Kurjri W.No-10, Ps- Palasi
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Palasi P.S. Case No. 485 of 2025, dated
10.12.2025, lodged under Sections 329(4), 126(2), 115(2),
103(1), 352 & 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged against
six named accused persons, including the present petitioners,
alleging that the accused persons, armed with lathi and danda,
abused and assaulted the informant’s family. The specific
allegation against Md. Mujafar is that he assaulted the informant
with a spade, causing injuries to her face.
Patna High Court CR. MISC. No.21967 of 2026(2) dt.16-04-2026
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4.Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that from the contents of the FIR, it
becomes crystal clear that the specific allegation of assault is
against Md. Mujafar and not against the petitioner. Counsel
further submits that both parties are residents of the same
locality and, on a petty dispute, a scuffle took place which
resulted in the death of one of the informant’s family members.
However, the specific allegation is against one accused person,
namely Md. Mujafar, who assaulted with a brick and a silwat,
causing head injuries to one of the informant’s family members,
due to which the injured died. Counsel further submits that
petitioner No. 1 is aged about 88 years and petitioner No. 2 is
aged about 35 years. Counsel also submits that the criminal
antecedents of the petitioners are clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that against the present
petitioners there is no allegation, save and except that their
names are mentioned in the accused column. Counsel further
submits that the specific allegation is against Md. Mujafar.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
Patna High Court CR. MISC. No.21967 of 2026(2) dt.16-04-2026
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anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Araria, in connection with Palasi P.S.
Case No. 485 of 2025, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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