Patna High Court

Agarbani Khatoon @ Bhagarbani KhatoonversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, Agarbani Khatoon, Raish Gaddi and Chand Gaddi, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S. The prosecution alleged that the petitioners assaulted an informant and her husband with weapons, causing injuries. The petitioners contended they were innocent, stating the incident was a petty dispute between two Pattidar families resulting in mutual injuries, and highlighted their clean antecedents and the minor nature of the injuries as per medical report. The State opposed the grant of anticipatory bail. Considering the case‑and‑counter‑case facts, the minor injuries, and the petitioners’ clean record, the Court allowed the anticipatory bail, directing bail‑bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the B.N.S. The order applies if arrest occurs within eight weeks of the judgment.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the alleged offences and surrounding circumstances

Legislation cited

B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 352, 482(2)

Subjects

anticipatory bail
Section 482
criminal procedure
assault
clean antecedents
case and counter‑case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6996 of 2026

                   Arising Out of PS. Case No.-208 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
           1.    Agarbani Khatoon @ Bhagarbani Khatoon Wife of Raish Gaddi Resident of
                 Village- Siswa Saraiya Police station- Bairiya District- West Champaran
           2.    Raish Gaddi Son of Lalji Gaddi Resident of Village- Siswa Saraiya Police
                 station- Bairiya District- West Champaran
           3.    Chand Gaddi @ Md. Chand Babu son of Raish Gaddi Resident of Village-
                 Siswa Saraiya Police station- Bairiya District- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Brij Kishor Mishra, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted informant and her husband by means of lathi, danda,

                   iron rod and farsa thereby caused injuries to them.
Patna High Court CR. MISC. No.6996 of 2026(2) dt.19-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          Pattidars and due to petty dispute, maar-peet took place

          between them in which both sides sustained injuries. There is

          case and counter-case. Moreover, doctor has found the injuries,

          allegedly caused by these petitioners, simple in nature.

          Petitioners claim clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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 Judicial Magistrate-

          First Class, Bettiah, District- West Champaran in connection
             Patna High Court CR. MISC. No.6996 of 2026(2) dt.19-02-2026
                                                         3/3




                       with Bairiya P.S. Case No. 208 of 2025, subject to condition as

                       laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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