Patna High Court
Jahana Khatoon @ JahanaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 76
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
2/4
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
Checking your session…