Patna High Court
Bibi Rubida @ Bibi Rubeda KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 308, 323, 324, 341, 447, 448, 504, 506
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
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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
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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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