Patna High Court
Kuraisha KhatunversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners sought anticipatory bail fearing arrest in a case (Amnour P.S. Case No.219 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging involvement in a riot. The prosecution alleged that the petitioners were part of two groups that blocked a road and committed rioting. The petitioners contended they were falsely implicated, that the allegations were vague, no witness identified specific assaults, and they had clean antecedents, also noting that similarly situated co‑accused had been granted anticipatory bail in a related matter. The State opposed the bail. After considering the submissions, the Court ordered that, if arrested or surrendered within six weeks, the petitioners be released on bail upon furnishing a Rs 10,000 bond with two sureties each, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations of rioting and related offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 132, 190, 191(2), 191(3), 221, 223, 285, 352, 482(2)
Subjects
- anticipatory bail
- riot
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79214 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Kuraisha Khatun W/o Md. Rasid R/o Village- Apahar, P.S.- Amnour, Dist.-
Saran at Chapra
2. Hasrat Ali S/o Kurban Miyan R/o Village- Apahar, P.S.- Amnour, Dist.-
Saran at Chapra
3. Maksud Alam S/o Akhtar Ali R/o Village- Apahar, P.S.- Amnour, Dist.-
Saran at Chapra
4. Rizwan Ali S/o Ansaru Miyan R/o Village- Apahar, P.S.- Amnour, Dist.-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rajani Kumari, Advocate.
Mr. Vijay Kumar, Advocate.
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Amnour P.S. Case No.219 of 2025 instituted under
Sections 191(2), 191(3), 190, 115(2), 126(2), 223, 285, 221, 132
& 352 of the B.N.S., 2023.
3. As per the prosecution case, the police have
received information that there has been some dispute between
two sets of society members, the police reached to the place of
occurrence and found that two sets of society members have
Patna High Court CR. MISC. No.79214 of 2025(2) dt.05-01-2026
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blocked the road and committing riot.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the allegation against the
petitioners are general and omnibus in nature. Learned counsel
submits that during the course of investigation, the Investigating
Officer has examined several witnesses but none of them have
stated regarding the specific assault to anyone. He further
submits that there is case and counter case for the same
occurrence between the parties. Learned counsel submits that
petitioners have got clean antecedent and they undertake to
cooperate in the trial and investigation of the present case. He
further submits that similarly situated co-accused persons have
already been granted anticipatory bail by the Co-ordinate Bench
of this Court vide order dated 10.12.2025 passed in Cr. Misc.
No.81186 of 2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
Patna High Court CR. MISC. No.79214 of 2025(2) dt.05-01-2026
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bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned First Class Judicial Magistrate, Saran at Chapra in
connection with Amnour P.S. Case No.219 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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