Patna High Court
Mehnaj Khatoon @ Mahnej KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are granted anticipatory bail subject to the conditions stipulated under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Mehnaj Khatoon and Mo Chand, sought relief from anticipated arrest in a case (Basupatti P.S. Case No.133 of 2025) involving alleged assault on an informant and his family, which resulted in one death. The prosecution alleged that 26 accused, including the petitioners, participated in the assault using weapons such as lathi, danda, and swords. The petitioners contended they have a clean antecedent and that the FIR contains only a generic allegation against them, with no specific act of assault attributed to them. The court noted that similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench. Considering the lack of specific allegations, the petitioners’ clean record, and the principle of parity, the court ordered that they be released on bail upon surrender, subject to a bond of Rs.10,000 each and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite being named in the FIR.
- Whether the absence of specific allegations against the petitioners warrants bail.
- Whether parity with similarly situated co‑accused who received anticipatory bail mandates the same relief.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(2), 109, 115(2), 126(2), 189(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- assault
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27217 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
1. Mehnaj Khatoon @ Mahnej Khatoon Daughter of Rahmatullah @
Rahmatullah Ansari Ward No. 02, Vill. and .P.O.- Sothgaon, P.S.-Harlakhi,
Dist.- Madhubani.
2. Mo. Chand @ Mohammad Chand @ Md. Chand Son of Md. Amshul Ansari
Resident of Village- Nayatola, Dubehi (Dubhi) Bazar, P.S.- Pasopatti, Dist.-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-04-2026 Heard Md Soban Asghar, learned counsel for the
petitioners and Mr. Mukesh Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Basupatti P.S. Case No. 133 of 2025, F.I.R.
dated 11.06.2025 for the offences punishable under Sections
189(2), 126(2), 115(2), 109 & 103(2) of Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, 26 accused persons
including the petitioners assaulted the informant and his family
Patna High Court CR. MISC. No.27217 of 2026(2) dt.23-04-2026
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members with lathi, danda, farsa, sword due to which they
sustained injuries and one Sattar Ansari died while he was being
taken to D.M.C.H for treatment.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Although the petitioners are
named in the FIR but from bare perusal of the FIR it appears that
there is no specific allegation of assault or overt act against them
rather there is general and omnibus allegation against all the
accused persons including the petitioners and similarly situated
co-accused persons, namely, Roma Khatoon @ Rama Khatoon
and Mo Sabina Khatoon @ Samina have been granted the
privilege of anticipatory bail by the co-ordinate Bench of this
Court vide order dated 21.02.2026 in Cr. Misc. No. 4811 of 2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and the fact that petitioners have clean antecedent and there is no
specific allegation of assault or overt act against them and
similarly situated co-accused persons have been granted the
privilege of anticipatory bail by the co-ordinate Bench of this
Court, let the petitioners, above named, in the event of arrest or
Patna High Court CR. MISC. No.27217 of 2026(2) dt.23-04-2026
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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) each with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, 1st Class, Basopatti, Madhubani in
connection with Basupatti P.S. Case No. 133 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita 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
Patna High Court CR. MISC. No.27217 of 2026(2) dt.23-04-2026
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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)
Suruchi/-
U T
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