Patna High Court
GURIYA KHATOONversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners, finding insufficient material to justify their continued detention.
Summary
The petitioners, Guriya Khatoon and Moharram Ansari, were arrested in September 2025 in connection with Forbesganj P.S. Case No. 302 of 2025, which alleged that they had killed the deceased under Sections 103(1), 238 and 3(5) of the BNS. The prosecution's case relied mainly on the allegation of murder, but the defence argued that the petitioners were innocent and that the only material linking them to the crime was a statement suggesting a personal relationship motive, with no other evidence. The petitioners had been in custody since 4 September 2025 and sought bail. The court examined the lack of substantive evidence and the petitioners' claim of innocence. Concluding that the prosecution had not produced sufficient material to justify continued detention, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioners in light of the evidence (or lack thereof) presented against them under Sections 103(1), 238 and 3(5) of the BNS.
Legislation cited
- BNS — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- presumption of innocence
- BNS
- Sections 103(1)
- Section 238
- Section 3(5)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7602 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
1. GURIYA KHATOON S/o- Late Anjar Ansari R/v- Birbanchowk Pokhar
Basti W.No-15, Ps- Forbesganj Dist- Araria
2. Moharram Ansari S/o- Late Aziz Ansari R/v- Birbanchowk Pokhar Basti
W.No-15, Ps- Forbesganj Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 15-04-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Forbesganj P.s. Case No. 302 of 2025 registered for the offence
under Sections 103(1), 238, 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
said to have killed the deceased.
4. The petitioner are in jail since 04.09.2025.
5. Learned counsel for the petitioner has submitted
that the petitioners are innocent and it has come in the statement
of some witnesses that the petitioners were in relationship and
because of the same they have killed the deceased but except for
the statement, there is no material on record to connect the
Patna High Court CR. MISC. No.7602 of 2026(4) dt.15-04-2026
2/2
petitioners with the crime.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Forbesganj P.S. Case No. 302 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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