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Patna High Court

Sakina KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners.

Summary

The petitioners, Sakina Khatoon and Sakila Khatoon, applied for bail in a case (Basopatti P.S. Case No. 133 of 2025) involving alleged assault on an informant and his family, resulting in serious injuries and the death of Sattar Ansari. The prosecution alleged that the petitioners, along with 24 others, used weapons such as lathi, danda, farsa, and sword. The petitioners contended they were innocent, falsely implicated, and that no specific overt act or weapon was attributed to them; they also highlighted their lack of criminal antecedents and the bail granted to a similarly situated co‑accused, Mansur Ansari, in Cr. Misc. No. 88107 of 2025. After hearing both sides, the court found the petitioners’ circumstances comparable to the earlier bail order and decided to enlarge them on bail. Each petitioner was directed to furnish a bail bond of Rs. 10,000 with two sureties of the same amount to the Judicial Magistrate, 1st Class, Madhubani.

Issues considered

  • Whether bail should be granted to the petitioners accused of offences under Sections 189(2), 126(2), 115(2), 103(2) and 109 of the B.N.S., 2023.
  • Whether the petitioners’ alleged participation in the assault and the death of the informant justifies denial of bail.
  • Whether the bail granted to a similarly situated co‑accused (Mansur Ansari) is determinative for the petitioners’ bail application.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • B.N.S. 2023
  • offence
  • judicial custody
  • sureties
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88935 of 2025
                    Arising Out of PS. Case No.-133 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
           1.     Sakina Khatoon W/o Md. Mansoor Ansari @ Mansur Ansari Resident of
                  Village- Naya Toal Dubhi Bazar, PS- Basopatti, Dist- Madhubani
           2.    Sakila Khatoon W/o Md. Ansul Ansari Resident of Village- Naya Toal
                 Dubhi Bazar, PS- Basopatti, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Advocate
                                                  Ms. Archana Anand, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioners and Mr. Syed

                   Mojibur Rahman, learned APP for the State.

                                 2. The petitioners have prayed for bail in connection

                   with Basopatti P.S. Case No. 133 of 2025 registered for the

                   offence punishable under Sections 189(2), 126(2), 115(2),

                   103(2), 109 of the B.N.S., 2023.

                                 3. The case of the prosecution in short is that the

                   petitioner along with 24 other named accused persons, arrived at

                   the house of the informant and assaulted the informant and his

                   family members with lathi, danda, farsa, sword, due to which

                   some of the persons got seriously injured. In the last part, it is

                   submitted that Sattar Ansari died while he was being rushed to
Patna High Court CR. MISC. No.88935 of 2025(2) dt.22-01-2026
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          D.M.C.H.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. Learned counsel for the petitioners submits that the

          petitioners are ladies and the nature of the allegation are general

          and omnibus. No specific overt act is alleged against them. No

          specific weapon is attributed to them. It has also been submitted

          that similarly situated other co-accused person, namely, Mansur

          Ansari, has already been granted bail by the learned coordinate

          bench of this court in Cr. Misc. No. 88107 of 2025. The case of

          this petitioner stands on similar footing. He further submits that

          a statement has been made in para 3 of the petition that

          petitioners have no criminal antecedent and they are languishing

          in judicial custody since 25.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioners on bail.         The above named

          petitioners are directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) each with two

          sureties of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.88935 of 2025(2) dt.22-01-2026
                                                       3/3




                     Judicial Magistrate, 1st Class, Madhubani in connection with

                     Basopatti P.S. Case No. 133 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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