Patna High Court
Najama KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to Najama Khatoon and Kabir Alam with conditions, and rejected the anticipatory bail application of Musa Devan.
Summary
The petitioners Najama Khatoon, Kabir Alam and Musa Devan applied for anticipatory bail in connection with Raxaul Police Station Case No. 64 of 2025, which alleged offences under sections 121, 122, 115(2), 118(1), 109, 303 and 352 of the Bihar Penal Code. The prosecution alleged that Musa Devan assaulted multiple persons and stole Rs. 58,000, while the allegations against Najama Khatoon and Kabir Alam were described as omnibus and lacking specific criminal antecedents. The court examined whether the nature of the allegations justified granting anticipatory bail under Section 438(2) of the Criminal Procedure Code. It held that Musa Devan's repeated and serious allegations warranted denial of bail, whereas the other two petitioners, having no prior criminal record, were entitled to anticipatory bail with strict conditions. Accordingly, the court ordered release on bail for Najama Khatoon and Kabir Alam upon furnishing a cash bond and sureties, subject to conditions of appearance, non‑tampering with evidence, and non‑commission of further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the Cr.P.C. in view of the omnibus nature of the allegations.
- Whether the seriousness and repetition of alleged offences against Musa Devan justify denial of anticipatory bail.
- What conditions may be imposed on anticipatory bail to ensure compliance with the law.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- omnibus allegation
- bail conditions
- assault
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68107 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
1. Najama Khatoon Wife of Musa Devan R/o - Kaurihar Mauze, P.S - Raxaul,
District - East Champaran
2. Kabir Alam son of Late Jali Alam Devan @ Jane Alam Dewan R/o -
Kaurihar Mauze, P.S - Raxaul, District - East Champaran
3. Musa Devan @ Musha Devan Son of Late Jali Alam Devan @ Jane Alam
Devan R/o - Kaurihar Mauze, P.S - Raxaul, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
For the informant : Mr. Umesh Tiwari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-03-2026 Heard Mr. Binay Kant Mani Tripathi, learned
Counsel for the petitioners and Mr. Umesh Tiwari for the
informant besides Mr. Jitendra Kumar Singh, learned APP for
the State.
2. The petitioners apprehend their arrest in connection
with Raxaul P.S. Case No. 64 of 2025 for the offence registered
under sections 121, 122, 115(2), 118(1), 109, 303 and 352 of
BNS.
3. As per the prosecution story, the informant alleged
that earlier, the accused persons assaulted Shah Jahan Khatoon
and Muratvani Khatoon causing injuries and when the brother
Patna High Court CR. MISC. No.68107 of 2025(3) dt.19-03-2026
2/4
of the informant later called Musa Devan (petitioner no. 2) as to
why it happened, allegation is that Musa Devan gave khanti
blow which hit Sabir Ali while the other accused assaulted to
other family members and also took away Rs. 58,000/- from the
pocket. The injured were shifted to Government Hospital,
Raxaul which followed the FIR.
4. Learned Counsel for the petitioners submit that so
far as allegation regarding assault on Shah Jahan Khatoon is
concerned, it is omnibus in nature though the name of Musa
Devan is there and further the second assault made by Musa
Devan to Sabir Ali has been found to be simple in nature. So far
as other two petitioners are concerned, omnibus allegation of
assault/taking away amount is/are alleged.
5. Learned APP for the State as also learned counsel
for the informant on the other hand submits that there is a
repetition so far as the Musa Devan is concerned, inasmuch as
not only he assaulted Shah Jahan Khatoon, he also resorted to
injure Sabir Ali. It is to be noted that the injury of Shah Jahan
Khatoon has been recorded as grievous by the learned Sessions
Judge.
6. Considering the submissions of the parties as also
the allegation that has come against the petitioner no. 3, Musa
Patna High Court CR. MISC. No.68107 of 2025(3) dt.19-03-2026
3/4
Devan, his anticipatory bail application stands rejected.
7. So far as petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam respectively are concerned, omnibus
allegation is there against them, have no criminal antecedent, in
that background, this Court is inclined to grant them the
anticipatory bail with conditions.
8. Let the petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Sub-Divisional
Judicial Magistrate, Raxaul at Motihari in connection with
Raxaul P.S. Case No. 64 of 2025 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam, who shall provide official document
(Aadhar Card, PAN Card, Driving License, Voter ID) to show
his bona fide;
(ii) the petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam shall appear on each and every date
Patna High Court CR. MISC. No.68107 of 2025(3) dt.19-03-2026
4/4
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam 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;
(iv) the petitioner nos. 1 and 2, namely Najama
Khatoon and Kabir Alam shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…