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Patna High Court

Bibi Rubida @ Bibi Rubeda KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners subject to prescribed conditions.

Summary

The petitioners, four women and a man from Jharkhand, sought anticipatory bail fearing arrest in a Sabour police case (No. 223 of 2024) involving alleged assault under several IPC sections. The prosecution’s FIR, based on an informant’s claim, alleged that the accused entered a house and caused injuries, but the petitioners argued that the allegations were omnibus, no grievous injury was proven, and they had no prior criminal record. The State opposed the bail. Considering the lack of specific evidence of grievous harm and the petitioners’ clean antecedent, the High Court exercised its discretion under Section 438 of the CrPC to grant anticipatory bail, subject to strict conditions including bond, sureties, cooperation with investigation, regular court appearances, and non‑interference with witnesses. The order directed that bail be released upon arrest or surrender within four weeks upon compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the nature of the allegations and the absence of grievous injury.
  • Whether the omnibus nature of the FIR and lack of criminal antecedent justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • omnibus allegation
  • non‑grievous injury
  • criminal antecedent
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31346 of 2026
                      Arising Out of PS. Case No.-223 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
           1.     Bibi Rubida @ Bibi Rubeda Khatoon wife of Md. Nasir @ Nasir Resident of
                  Village- Parsa Ps -Hanwara District -Godda Jharkhand
           2.    Bibi Khustara Wife of Md. Abbas Resident of Village- Parsa Ps -Hanwara
                 District -Godda Jharkhand
           3.    Bibi Mustu @ Mustara Khatun @ Mustara Wife of Md. Afroz @ Md. Firoj
                 Alam Resident of Village- Parsa Ps -Hanwara District -Godda Jharkhand
           4.    Md. Nasir @ Nasir Son of Shaukat naddaf @ Md. Tunno Resident of
                 Village- Parsa Ps -Hanwara District -Godda Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajive Ranjan Singh, Advocate
                 For the State           :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                     Heard the parties.

                                 2. The petitioners are apprehending their arrest in

                   connection with Sabour P.S. Case No. 223 of 2024 registered for

                   the offence under Sections 341, 323, 447, 448, 324, 308, 504

                   and 506 of the Indian Penal Code lodged on 20.06.2024 by the

                   informant, Bibi Najrana.

                                 3. As per the prosecution story, the informant alleged

                   that all the accused persons has entered the house and assaulted

                   causing injuries. This led to the F.I.R.

                                 4. Learned counsel for the petitioners submit that a
Patna High Court CR. MISC. No.31346 of 2026(2) dt.07-05-2026
                                            2/3




          perusal of the F.I.R. would show that that the omnibus allegation

          is there and further learned Sessions Judge order do not show

          that any of the injury has been found to be grievous. Last

          submission is that the petitioners do not have criminal

          antecedent.

                       5. Learned APP opposes the prayer.

                       6. Taking into account the submissions of the parties

          as also the fact that omnibus allegation is there, they do not have

          criminal antecedent, in that background, this Court is inclined to

          extend them the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in

          connection with Sabour P.S. Case No. 223 of 2024 subject to the

          following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police
            Patna High Court CR. MISC. No.31346 of 2026(2) dt.07-05-2026
                                                        3/3




                      Station as and when required for cooperating in the

                      investigation;

                                   (iii) the petitioners shall appear on each and every

                      date before the Trial Court and failure to do so for two

                      consecutive       dates     without      plausible   reason   will   entail

                      cancellation of his/her bail bond by the Trial Court itself;

                                   (iv) the petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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