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Patna High Court

Roshni Khatoon @ RoshniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed by the Court.

Summary

The petitioners, four residents of Maheshkhut village, applied for anticipatory bail after being implicated in a land dispute case where they were alleged to have forged a deed and forcibly occupied the informant's land, assaulting him and his family with weapons, causing injuries to six persons. The prosecution charged them under Sections 126(2), 115(2), 109, 118(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners contended they were innocent, that the incident was a mutual fight arising from a land dispute, and that there was no specific overt act alleged against them, also highlighting their clean antecedent. The State opposed the bail, emphasizing the seriousness of the offences. The Court, considering the nature of the accusations and the petitioners' clean record, granted anticipatory bail, directing that if arrested within eight weeks they may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the accused persons under the specified sections of the Bharatiya Nyaya Sanhita.
  • Whether the allegations constitute a specific overt act sufficient to deny bail.
  • Whether the petitioners' clean antecedent warrants the grant of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • forged deed
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4523 of 2026
                       Arising Out of PS. Case No.-391 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
           1.     Roshni Khatoon @ Roshni W/o Shamshad @ Md. Shamshad Resident of
                  village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea
           2.    Md. Mojib @ Mojib S/o Panchu @ Pachu Resident of village Maheshkhut,
                 Ward No. 07, Police Station- Dagarua, Distt.- Purnea
           3.    Shahid @ Md. Shahid S/o Late Sekh Siddique @Siddique Resident of
                 village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea
           4.    Fatkan S/o Sk. Akbar @ Akbar @ Sekh Akbar Resident of village
                 Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Beauty Verma, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   06-04-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 109,

                   118(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that petitioner no. 1

                   was fraudulently claiming ownership over the land of the father

                   of informant based on a forged deed and attempted to forcibly

                   occupy the same. On 21.10.25, at about 8 AM, all the F.I.R.

                   named accused persons, including these petitioners, armed with
Patna High Court CR. MISC. No.4523 of 2026(4) dt.06-04-2026
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          weapons, trespassed the land of informant and started building a

          wall. Upon protest, all the accused persons assaulted informant

          and his family members by means of sticks, iron rod, crowbars,

          knife etc. as a result of which six persons sustained injuries.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence. On

          account of land dispute, a free fight took place between the

          parties in which both sides sustained injuries. Case and counter

          case. Allegation of assault is general and omnibus and there is

          no allegation of any specific overt act against these petitioners.

          Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the nature of accusation and clean

          antecedent, this anticipatory bail is allowed and it is ordered that

          let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Purnea in connection with Dagarua P. S. Case No.

          391 of 2025, subject to condition as laid down under Section
              Patna High Court CR. MISC. No.4523 of 2026(4) dt.06-04-2026
                                                          3/3




                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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