Patna High Court
Momina Khatoon @ Bibi Momina KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions under Section 482(2) of the B.N.S. 2023.
Summary
Momina Khatoon was named in an FIR (Lokaha P.S. Case No. 39 of 2025) for alleged participation in a protest following the murder of Md. Jahangir, during which a police vehicle was vandalised and police personnel injured. The petition sought anticipatory bail, arguing that the FIR contains only a generic allegation against a mob of about 300 persons and that there is no specific accusation against her, with the CCTV identification deemed unreliable. The State opposed the bail, contending that the petitioner has a prior criminal antecedent and is implicated in offences punishable under multiple sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. The Court noted that other co‑accused had been granted anticipatory bail and that the nature of the alleged offences did not involve serious injury. Accordingly, the Court ordered that the petitioner be released on bail if arrested or surrendered, subject to a bond of Rs.5,000 with two sureties and the condition that one bailor be a close family member, under Section 482(2) of the B.N.S. 2023. The order was pronounced by Justice Harish Kumar of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the lack of specific accusation and the nature of the alleged offences.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 121(2), 126(2), 127(2), 132, 191(2), 191(3), 303(2), 324(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- protest
- vandalism
- police injury
- CCTV identification
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- gender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84059 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Lokha District- Supaul
======================================================
Momina Khatoon @ Bibi Momina Khatoon W/o Md. Amir @ Md Aamir R/o
Vill- Gangapati (Ward No. 15) Panchayat- Baruari, P.S.- Lokaha, Distt-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Adv.
For the Opposite Party/s : Mr. Binod Kumar No. 3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection
with Lokaha P.S. Case No. 39 of 2025, registered for the
offences punishable under Sections 191(2), 191(3), 126(2),
127(2), 115(2), 121(2), 132, 109, 303(2), 324(4), 352, 351(2)
and 3(5) of the B.N.S.-2023.
3. In course of protest on account of murder of one
Md. Jahangir, the nearby people assembled and started making
slogan against the police personnels and vandalize the police
vehicle, which resulted into some unfortunate injuries to police
personnels. The FIR has been instituted against 57 named
accused persons and 200-250 unknown persons of causing
Patna High Court CR. MISC. No.84059 of 2025(2) dt.07-01-2026
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obstruction in discharging the duties of police personnels,
besides the vandalism.
4. Learned Advocate for the petitioner submitted that
after going through the FIR, it is evident that omnibus allegation
of protest and vandalism has been levelled against the mob of
300 persons, out of which the petitioner, who is a woman and a
local resident, her name has also been implicated in this case,
but without there being any specific accusation. It is further
contended that, at best, the petitioner could be said to be a
member of the mob and, moreover, the identification of the
petitioner on CCTV footage also does not inspire confidence, as
no specific accusation has been levelled against her. Other co-
accused persons, facing identical allegation, have been allowed
the privilege of anticipatory bail by different Benches of this
Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioner though is a woman, but facing one criminal
antecedent, as has been disclosed in paragraph no. 3 of the bail
application.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
Patna High Court CR. MISC. No.84059 of 2025(2) dt.07-01-2026
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the nature of accusation, coupled with the fact that none has
sustained any serious injuries, besides the case of the petitioner
is based on parity, let the petitioner above named be released on
bail, in the event of her arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.5,000/- (five thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate – 1st, Supaul in connection with Lokaha P.S. Case
No. 39 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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