Patna High Court
Roshni Khatoon @ RoshniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
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
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482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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