Patna High Court

Aashma KhatoonversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Aashma Khatoon applied for anticipatory bail fearing arrest in a murder case (Gwalpara P.S. Case No. 193 of 2024) involving alleged conspiracy of 23 persons, including her, under Sections 103(1), 61, 3(5) of the B.N.S.S. and Section 27 of the Arms Act. The prosecution alleged that four persons killed the informant's husband and that the petitioner was part of the conspiracy, but no overt act was alleged against her. The petitioner argued she was falsely implicated, had no criminal antecedent, and cited that similarly situated co‑accused had been granted anticipatory bail in earlier cases. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a murder‑conspiracy case where no overt act is alleged against her.

Legislation cited

Arms Act — s. 27

Subjects

anticipatory bail
murder
conspiracy
Arms Act
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.37 of 2026
                    Arising Out of PS. Case No.-193 Year-2024 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Aashma Khatoon, W/o Masid Khan, R/o Village- Jotmanohar, Jhanjhari Ward
                 No.14, P.S- Gwalpara, Dist- Madhepura
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr.Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending her arrest in connection with

                   Gwalpara P.S. Case No. 193 of 2024 instituted for the offence

                   under Sections 103(1), 61, 3(5) of the BNS and Section 27 of the

                   Arms Act.

                                3. The case of the prosecution is that four persons killed

                   the husband of the informant. In second part of the FIR, the

                   informant has alleged that there were 23 persons including the

                   petitioner in the conspiracy of murder of her husband.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. She has falsely been implicated in this case. Save and

                   except the suspicion of the informant, there is nothing against the
             Patna High Court CR. MISC. No.37 of 2026(2) dt.09-02-2026
                                                         2/2




                       petitioner. There is no allegation of any overt act is there. It has

                       further been submitted that similarly situated co-accused, namely,

                       Lalo Khan has been granted anticipatory bail by this Court vide

                       Cr. Misc. No. 43979 of 2025 and others have also been granted

                       anticipatory bail by learned Co-ordinate Bench vide Cr. Misc.

                       No.70806 of 2025. The case of this petitioner stands on similar

                       footing. She is having no criminal antecedent.

                                    5. Learned APP appearing for the State has opposed the

                       prayer of bail of the petitioner.

                                    6. Having heard learned counsel for the parties and in

                       the facts and circumstances of the case as stated above, this Court

                       is inclined to enlarge the petitioner on bail. The petitioner is

                       directed to surrender in the Court below within a period of four

                       weeks from today and in the event of her arrest or surrender in

                       connection with Gwalpara P.S. Case No. 193 of 2024, she will be

                       enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned J.M. 1st Class, Udakishunganj, District-

                       Madhepura, subject to the conditions as laid down under Section

                       482 (2) of the B.N.S.S.


                                                           (Ashok Kumar Pandey, J)

lata/-
U        T

Continue reading with your account

Checking your session…