Patna High Court
BIBI PYARI @ RUBY KHATOON @ PIYARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 324(5), 3(5), 352, 482(2), 74
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
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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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