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Patna High Court

Jahana Khatoon @ JahanaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioner No.1 (Jahana Khatoon) and denied to petitioners No.2 (Md. Guddu) and No.3 (Md. Dilshad).

Summary

The petitioners – Jahana Khatoon, Md. Guddu and Md. Dilshad – were implicated in a land‑dispute‑related assault in which the informant’s son was repeatedly stabbed with a knife. The FIR (Dagarua PS Case No.262 of 2025) alleged offences under several sections of the Bharatiya Nyaya Sanhita. The petitioners filed anticipatory bail applications, seeking protection from arrest. The Court rejected the anticipatory bail of Md. Dilshad (who had already been arrested) and of Md. Guddu, finding that he played an active role in the assault and had prior criminal antecedents. Conversely, the Court granted anticipatory bail to Jahana Khatoon, noting that no direct allegation of assault was made against her, and imposed standard bail conditions. The order directs her release on bail if arrested within four weeks, subject to a bond and compliance with conditions.

Issues considered

  • Whether anticipatory bail should be granted to each petitioner given the nature of the alleged offences and their respective roles.
  • Whether the presence of a name in the FIR without a specific allegation of assault suffices to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • knife attack
  • criminal antecedent
  • Bharatiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6597 of 2026
                       Arising Out of PS. Case No.-262 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
           1.     Jahana Khatoon @ Jahana W/o- Md. Kuddus @ Kuddus R/v- Harkhali wart
                  no 1 PS- Dagarua Dist- Purnea
           2.    Md. Guddu @ Guddu S/o- Md. Kuddus @ Kuddus R/v- Harkhali wart no 1
                 PS- Dagarua Dist- Purnea
           3.    Md. Dilshad @ Dilsar @ Dilshad S/o- Md. Kuddus @ Kuddus R/v-
                 Harkhali wart no 1 PS- Dagarua Dist- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Jitendra Kumar Pandey, Advocate
                 For the State           :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   01-04-2026                      Learned counsel for the petitioners at the outset

                   submit that petitioner no.3, Md. Dilshad @ Dilsar @ Dilshad

                   has been arrested and as such, he may be permitted to withdraw

                   his prayer for anticipatory bail.

                                 2. Accordingly, the anticipatory bail of petitioner

                   no.3, Md. Dilshad @ Dilsar @ Dilshad stands rejected.

                                 3. The petitioners are apprehending their arrest in

                   connection with Dagarua P.S. Case No. 262 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 109, 76, 117(2),

                   352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, lodged on

                   02.08.2025 by the informant, Manjo Khatoon.
Patna High Court CR. MISC. No.6597 of 2026(4) dt.01-04-2026
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                       4. As per the prosecution story, the informant alleged

          that due to land dispute, the accused entered the house and after

          abuse, the assault took place. Allegation is that on the

          instruction of Md. Kuddus, the petitioner no.2, Md. Guddu and

          Dilshad caught hold of the informant’s son while Israfil gave

          knife repeatedly on the head as also on the chest. When Hamida

          Khatoon came to rescue she was also assaulted. Allegation

          against Saddam and Sonu is of giving lathi blow while Israfil

          and Dilshad gave knife blow to the son. They were shifted to

          hospital which followed the F.I.R..

                       5. Learned counsel for the petitioners submit that

          main allegation is against Israfil who has already been granted

          relief by the learned Sessions Court, no allegation is there

          against the petitioner no.1, Jahana Khatoon @ Jahana while so

          far as petitioner no.2, Md. Guddu @ Guddu is concerned,

          allegation is that he caught hold of the informant’s son which

          followed assault by Israfil.

                       6. Learned APP opposes the prayer submitting that

          petitioner no.2, Md. Guddu played an active role and it was due

          to him that Israfil was able to give repeated knife blow to the

          informant’s son further both of criminal antecedent.

                       7. Considering the submissions of the parties as also
Patna High Court CR. MISC. No.6597 of 2026(4) dt.01-04-2026
                                            3/4




          the role that has been played by petitioner no.2, Md. Guddu @

          Guddu, his anticipatory bail application stands rejected.

                       8. So far as petitioner no.1, Jahana Khatoon @ Jahana

          is concerned, in view of the fact that though name is there,

          allegation of assault is not against her, he is a lady, in that

          background, this Court is inclined to extend her the privilege of

          anticipatory bail.

                       9. Let the petitioner no.1, Jahana Khatoon @ Jahana

          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) with two sureties of

          like amount each to the satisfaction of learned Chief Judicial

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

          262 of 2025 subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioner no.1, Jahana Khatoon @

          Jahana who shall provide official document (Aadhar Card/Voter

          Id/Driving License/Pan Card) to show his/her bona fide;

                       (ii) the petitioner no.1, Jahana Khatoon @ Jahana

          shall be appearing before the Police Station as and when

          required for cooperating in the investigation;

                       (iii) the petitioner no.1, Jahana Khatoon @ Jahana
            Patna High Court CR. MISC. No.6597 of 2026(4) dt.01-04-2026
                                                        4/4




                      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 petitioner no.1, Jahana Khatoon @ Jahana

                      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 petitioner no.1, Jahana Khatoon @ Jahana

                      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


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