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Patna High Court

Umera KhatunversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that, given the petitioners' clean antecedent and the nature of the allegations, anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to prescribed conditions.

Summary

The petitioners, residents of Bhusanda village in Gaya district, applied for anticipatory bail fearing arrest in a case (PS No.580 of 2024) filed under Sections 127(1), 115(2), 118(1), 352 and 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging they assaulted an informant and her child with a lathi and knife. The prosecution alleged that the assault caused injury to the informant's left hand, while the petitioners contended that the incident stemmed from a land dispute and that the injuries were minor and exaggerated. Their counsel emphasized the petitioners' clean antecedent, willingness to cooperate with investigation, and the lack of specific overt acts attributed to them. The State opposed the anticipatory bail, arguing the seriousness of the offences. Considering the clean record, the nature of the allegations, and the possibility of surrender within six weeks, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023. The order directs that the petitioners be released on bail if they surrender or are arrested within the stipulated period.

Issues considered

  • Whether anticipatory bail should be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case
  • Whether the allegations constitute a non‑bailable offence warranting denial of bail
  • Whether the petitioners' clean antecedent and willingness to cooperate justify bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • clean antecedent
  • land dispute
  • assault
  • non‑bailable offence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31115 of 2026
                     Arising Out of PS. Case No.-580 Year-2024 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
           1.     Umera Khatun W/o Anwar Khan R/o Village - Bhusanda, P.S.- Muffasil,
                  District- Gaya.
           2.    Md. Masooque S/o Md. Habib R/o village - Bhusanda, P.S.- Mufassil,
                 District- Gaya.
           3.    Md. Mumtaj @ Md. Muntaj Khan S/o Md. Hanif R/o Village - Bhusanda,
                 P.S.- Muffasil, District- Gaya.
           4.    Md. Enam Khan @ Md. Heram @ Md. Heran S/o Md. Hanif Khan R/o
                 Village- Bhusanda, P.S.- Muffasil, District- Gaya.
           5.    Md. Hanif Khan @ Md. Hanif S/o Md. Makbul Khan R/o Village -
                 Bhusanda, P.S.- Muffasil, District- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabia Gulnaz, Advocate.
                 For the Opposite Party/s :       Mr. Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Muffasil P.S. Case No.580 of 2024 instituted under

                   Sections 127(1), 115(2), 118(1), 352 & 3 of the B.N.S., 2023.

                                3. As per the prosecution case, all the accused persons

                   including the petitioners assaulted the informant and her child

                   by means of lathi and knife causing injury on her left hand.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.31115 of 2026(2) dt.07-05-2026
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          petitioner is innocent and has been falsely implicated in this

          case due to land dispute and long standing enmity between the

          parties. He further submits that due to petty dispute, a scuffle

          took place between the parties, in which both the parties

          received injury. Learned counsel submits that the injury to the

          injured is simple in nature, however, in the allegation it is highly

          exaggerated and concocted. He further submits that no specific

          overt act is attributed against the petitioners and the allegation

          against the petitioners are general and omnibus in nature.

          Learned counsel submits that petitioners have got clean

          antecedent and they undertake to cooperate in the investigation

          and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioners as well as

          their clean antecedent, in the event of arrest or surrender before

          the Court below within six weeks from today, the petitioner be

          released on bail upon furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount to

          each to the satisfaction of the learned C.J.M., Gaya Jee/
              Patna High Court CR. MISC. No.31115 of 2026(2) dt.07-05-2026
                                                          3/3




                        concerned Court in connection with Muffasil P.S. Case No.580

                        of 2024, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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