Patna High Court
Aasmin KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted to the petitioners subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
Petitioners Aasmin Khatoon and Md. Arman, wife and brother of accused Md. Tanvir, feared arrest in a case alleging assault on police officers and related offences under several IPC sections. They claimed they have clean antecedents and were falsely implicated by an informant, noting that Md. Tanvir had already been granted anticipatory bail. The State opposed granting bail to the petitioners. The High Court, after hearing counsel, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the CrPC. The order was made to prevent unnecessary incarceration given the circumstances.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious offences alleged against them.
- Whether the prior grant of anticipatory bail to Md. Tanvir negates the need for bail to the petitioners.
- Whether the petitioners have been falsely implicated and thus merit relief from arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 342, 353, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- false implication
- police assault
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86413 of 2025
Arising Out of PS. Case No.-62 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
======================================================
1. Aasmin Khatoon W/O Mohammad Tanvir Resident of Village-
Sharfuddinpur, Ward No.09, P.S.- Bochhan, District- Muzaffarpur.
2. Md. Arman S/O Md. Jubair @ Md. Zubair Resident of Village-
Sharfuddinpur, Ward No.09, P.S.- Bochhan, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 342,
323, 324, 307, 353, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1
is a woman and the informant alleges that he along with other
police officials in the intervening night 06.02.2023 at around
01:15 a.m. went to the house of Md. Tanvir, who was wanted in
Bochahan P.S. Case No.447 of 2022. It is next alleged that Md.
Tanvir was arrested when accused persons including the
Patna High Court CR. MISC. No.86413 of 2025(2) dt.22-01-2026
2/3
petitioners surrounded the police team and assaulted the police
officials and set free the apprehended accused, Md. Tanvir.
Further, in the occurrence, one lady constable, namely, Soni
Kumari got injured.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant as petitioner no.1 is wife of Md. Tanvir and
petitioner no.2 is brother of Md. Tanvir.. It is next submitted that
Md. Tanvir was granted the privilege of anticipatory bail by an
order dated 12.01.2024 in Cr. Misc. No.84591 of 2023 passed
by a learned Coordinate Bench. It is thus, submitted that since
Md. Tanvir has already been granted the privilege of
anticipatory bail, no useful purpose would be served by sending
the petitioners to jail.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, let petitioners, above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.86413 of 2025(2) dt.22-01-2026
3/3
amount each to the satisfaction of the learned trial court where
the case is pending/Successor Court in connection with
Bochahan P.S. Case No.62 of 2023, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…