Patna High Court
Husnara @ Husnera BegamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioner, Husnara Begam, sought bail fearing arrest in a criminal case (PS No.203/2025) involving alleged assaults under several sections of the Bihar Negotiable Statutes. The prosecution alleged that she, along with co‑accused, assaulted an informant and his family members. The petitioner contended she has a clean antecedent, the FIR was delayed by two days, and the allegations are vague and fabricated. The court examined the lack of specific charges against her, her clean record, and the delay in filing the FIR. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the alleged offences.
- Whether the delay in lodging the FIR and the lack of specific allegations justify bail.
- Whether the petitioner’s clean antecedent warrants bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- FIR delay
- clean antecedent
- assault
- Section 438
- Section 482
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89568 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Husnara @ Husnera Begam W/o Mujahir Alam Resident of village - Barijan
ward no. 2, P.S.- Kochadhaman, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Amal Kumar Sinha, learned counsel for
the petitioner and Mr. Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Kochadhaman P.S. Case No. 203 of 2025,
F.I.R. dated 17.05.2025 for the offences punishable under
Sections 126(2), 115(2), 303(2), 109(1), 351(2), 352, 3(5) of the
B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons on account of petty dispute, assaulted the
informant by fist, leg, lathi and danda. They also assaulted him
with brick upon his head. When his brother and other family
members came to save him, they were also assaulted with lathi,
danda.
Patna High Court CR. MISC. No.89568 of 2025(2) dt.12-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R., itself it appears that there is no
specific allegation of assault or overt act against the petitioner
rather the allegation are general and omnibus. There is delay of
two days in lodging the F.I.R. and there is no plausible
explanation for such delay.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, let the petitioner, above named,
in the event of her arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class,
Kishanganj in connection with Kochadhaman P.S. Case No. 203
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of
Patna High Court CR. MISC. No.89568 of 2025(2) dt.12-01-2026
3/3
BNSS, 2023 and with other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…