Patna High Court
Zarina KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond of Rs. 10,000 each with two sureties and conditions under Section 438(2) CrPC.
Summary
The petitioners, Zarina Khatun and Navi Shah, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with a case registered as Halsi P.S. Case No.250 of 2025. They were alleged to have assaulted a victim, with the offences listed under sections 126(2), 115(2), 118(1), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The court observed that the injury to the victim was simple in nature and therefore found no justification to deny bail. Consequently, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties of equal amount, subject to the conditions of Section 438(2) CrPC. The order was pronounced by Justice Sandeep Kumar of the Patna High Court on 24‑02‑2026.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the nature of the alleged assault and the simple injury sustained by the victim.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- Bihar Narcotic Substances Act
- simple injury
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7944 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Zarina Khatun W/o Navi Shah R/o vill - Premdiha, Post - Mahaddinagar,
P.S.- Halsi, Distt.- Lakhisarai
2. Navi Shah S/o Samsuddin Shah R/o vill - Premdiha, Post - Mahaddinagar,
P.S.- Halsi, Distt.- Lakhisarai
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar, Advocate
For the Opposite Party : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Halsi P.S. Case No.250 of 2025 for the offence
punishable under sections 126(2), 115(2), 118(1), 352, 351(2),
3(5) of the B.N.S., 2023.
3. The petitioners are said to have assaulted the
victim.
4. Considering the fact that the injury sustained
by the victim is simple in nature, this application is allowed.
5. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.7944 of 2026(3) dt.24-02-2026
2/2
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Lakhisarai / concerned Court below, in connection
with Halsi P.S. Case No.250 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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