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Patna High Court

BIBI PYARI @ RUBY KHATOON @ PIYARIversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that the petitioners be released on pre‑arrest bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Bibi Pyari and Nasima Khatoon, were implicated in a criminal case (Araria R.S. P.S. Case No. 84 of 2025) for alleged offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, stemming from a land dispute. The allegation is that they caught a person named Sanjida, with no claim of assault, and they have no prior criminal record. Their counsel argued that they were falsely implicated and highlighted the absence of any assault allegation. The State opposed the grant of pre‑arrest bail. The Court, after considering the nature of the allegations and the petitioners’ background, ordered that they be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively disposes of the bail application in the petitioners’ favour.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of pre‑arrest bail in this case
  • Whether the allegations constitute sufficient ground to deny bail

Legislation cited

Subjects

  • pre‑arrest bail
  • land dispute
  • false implication
  • criminal antecedents
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8002 of 2026
                         Arising Out of PS. Case No.-84 Year-2025 Thana- R S P.S. District- Araria
                 ======================================================
           1.     Bibi Pyari @ Ruby Khatoon @ Piyari D/O Late Geyasuddin R/O Vill.-
                  Kadwa, Ward No. 11, P.S.- Araria R.S., District- Araria
           2.    Nasima Khatoon @ Nasima W/O Late Geyasuddin R/O Vill.- Kadwa, Ward
                 No. 11, P.S.- Araria R.S., District- Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Md. Naushad Uzzoha, Advocate
                 For the Opposite Party/s :         Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                               2. The petitioners seeks pre-arrest bail in connection

                   with Araria R.S. P.S. Case No. 84 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 324(4) & (5),

                   118(1), 109, 303(2), 74, 352, 3(5) of the B.N.S., 2023.

                               3.The allegation against the petitioners, who are ladies,

                   is that they have caught Sanjida. There is no allegation of any

                   assault against the petitioners.

                               4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners have been falsely

                   implicated in connection with the present case. He also submits
           Patna High Court CR. MISC. No.8002 of 2026(2) dt.06-02-2026
                                                       2/2




                     that there is a land dispute between the parties. There is no

                     allegation of assault against the petitioners. He further submits

                     that the petitioners are ladies having no criminal antecedents.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of pre-arrest bail to the petitioner.

                                  6. Considering the nature of allegation against the

                     petitioners, the petitioners, above named, are directed to be

                     released on pre-arrest bail, in the event of their arrest or

                     surrender before the Court below within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Araria in

                     connection with Araria R.S. P.S. Case No. 84 of 2025 subject to

                     the condition as laid down under Section 482(2) of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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