Patna High Court
Najo BibiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Najo Bibi, a 50‑year‑old woman, was named as one of nine accused in FIR No. 286 of 2025 for alleged assault, robbery and other offences under multiple sections of the BNS. She applied for anticipatory bail, claiming innocence, a clean antecedent and that the allegations against her were vague and politically motivated. The State opposed the bail, contending the seriousness of the offences. The court examined the FIR, noting that it was based solely on the informant’s written report and that specific allegations of assault and grievous injury were directed at other co‑accused, not the petitioner. Considering the lack of a direct allegation against her, her gender, and clean record, the court was inclined to grant anticipatory bail, subject to bail bonds and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the offences alleged in the FIR.
- Whether the absence of a specific allegation against the petitioner, coupled with her clean antecedent, warrants the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 308(3), 351(2), 351(3), 352, 74
Subjects
- anticipatory bail
- FIR
- assault
- robbery
- women
- clean antecedent
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22396 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
Najo Bibi, aged about 50 years, Female, Wife of Md. Abbas, Resident of
Village- Bishnupur, Ward No. 11, P.S.- Alamnagar, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Alamnagar P.S. Case No. 286 of 2025 instituted for the
offences punishable under Sections 190, 191(2), 126(2), 115(2),
117(2), 109(1), 303(2), 74, 308(3), 351(2), 351(3) and 352 of
the BNS.
3. Allegation against the petitioner and other co-
accused persons is to have assaulted the informant and his
family members by means of legs, fists, dabiya, Talwar and iron
rod, due to which, they sustained grievous injuries and also
snatched Rs. 20,000/-, gold and silver items from the informant
and her daughter-in-law.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
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been implicated in this case due to dirty village politics. He
submits that there is case and counter case attributed between
the parties. He further submits that petitioner is a lady and there
is no specific allegation against her. He next submits that there
are general and omnibus allegation against the petitioner. He
lastly submits that from the injury of Md. Rabban, Md. Gyas
and Md. Bauku, their injuries were found simple in nature by
the doctor. Petitioner is a lady and has got clean antecedent as
stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Sessions Judge, Madhepura dated 23.12.2025, it
appears that only on the basis of written report of the informant,
FIR has been registered under Sections 190, 191(2), 126(2),
115(2), 117(2), 109(1), 303(2), 74, 308(3), 351(2), 351(3) and
352 of the BNS against nine co-accused persons including the
present petitioner and the allegation against the petitioner that
she assaulted and informant and his family members by means
of legs, fists, dabiya, Talwar and iron rod, due to which, they
sustained grievous injuries. It also appears that petitioner is a
lady and there is no specific allegation against her and the
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specific allegation is against other co-accused persons namely,
Md. Billa, Md. Rustam, Md. Ziyauddin and Md. Saurabh, so
considering all these aspects of the case and submission of
learned counsel for the petitioner, I am inclined to grant
anticipatory bail to the above named petitioner.
7. Accordingly, let the petitioner above named in the
event of her arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory 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, Udakishunganj, Madhepura in
connection with Alamnagar P.S. Case No. 286 of 2025, subject
to the conditions laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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