Patna High Court
Shanowar Khatoon @ Sanowar@ Sanawar KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, a group of seven residents of Kuwari, Araria, filed an application fearing arrest in connection with PS Kuwari Case No. 79 of 2025, which alleged offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS for assaulting a victim. They contended that they were falsely implicated and that the injury caused was simple. The learned counsel for the State opposed the application. The Court, after hearing both sides, found that the petitioners’ claim of innocence and the minor nature of the alleged injury justified the grant of bail. Accordingly, the Court ordered that if the petitioners are arrested or surrender within four weeks, they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioners are entitled to bail in the pending case under Section 438(2) CrPC and Section 482 BNSS.
- Whether the alleged offences and the nature of injury justify denial of bail.
Legislation cited
- Bihar Negotiable Sale/Service (BNS) — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Bihar Negotiable Sale/Service (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail
- Criminal Procedure
- Section 438
- Section 482
- false implication
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37244 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- KUWARI District- Araria
======================================================
1. Shanowar Khatoon @ Sanowar@ Sanawar Khatoon Wife of Md. Sahjad
Resident of Village- Pahunsi, Jatwara, Ward No.-02, P.S.- Kuawari, District-
Araria.
2. Hajmun Khatoon @ Hajmun Nisha @ Hajbul Nisha Wife of Faiyaz Resident
of Village- Pahunsi, Jatwara, Ward No.-02, P.S.- Kuwari, District- Araria.
3. Jumera Khatoon @ Jumir Wife of Md. Amir Resident of Village- Pahunsi,
Jatwara, Ward No.-02, P.S.- Kuwari, District- Araria.
4. Md. Nujrak @ Md. Nujrat Son of Siddik Resident of Village- Garaiya, Ward
No. 06, P.S.- Kuwari, District- Araria.
5. Amir Alam @ Amir Son of Faiyaz Resident of Village- Pahunsi, Jatwara,
Ward No.-02, P.S.- Kuwari, District- Araria.
6. Md. Mustbaj @ Mustejab @ Mustjab Son of Faiyaz Resident of Village-
Pahunsi, Jatwara, Ward No.-02, P.S.- Kuwari, District- Araria.
7. Md. Barish @ Warish Sah @ Wais Sah @ Md. Barish Alam Son of Maful
Resident of Village- Garaiya, Ward No. 06, P.S.- Kuwari, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Kuwari P.S. Case No. 79 of 2025 registered for
the offence under Sections 126(2), 115(2), 109, 303(2), 352,
351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
Patna High Court CR. MISC. No.37244 of 2026(2) dt.15-06-2026
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accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
injury caused to the victim is simple in nature.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned concerned
Court below in connection with Kuwari P.S. Case No. 79 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
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