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Patna High Court

Minnat PraveenversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to prescribed conditions.

Summary

The petitioners, eight individuals, applied for anticipatory bail fearing arrest in connection with a dacoity case (Aunsi PS Case No. 25 of 2025) that alleged they entered the informant's house and assaulted persons. The prosecution claimed 21 accused, including the petitioners, were involved in the dacoity and caused injuries. The petitioners contended that the FIR was lodged after an unreasonable three‑day delay, that they were Gotias, and that the FIR did not specifically allege assault against them, noting that the main assault was attributed to other co‑accused and that a title suit existed between the parties. The court examined the delay, the lack of specific allegations against the petitioners, and the nature of the injuries, and decided to grant anticipatory bail subject to conditions, including a bail bond, sureties, cooperation with investigation, and the possibility of cancellation for non‑co‑operation. The order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite allegations of dacoity and assault.
  • Whether the delay in lodging the FIR and the absence of specific allegations against the petitioners justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dacoity
  • assault
  • FIR delay
  • Section 438 CrPC
  • Section 482 B.N.S.S
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89793 of 2025
                         Arising out of PS. Case No.-25 Year-2025 Thana- Aunsi District- Madhubani
                 ======================================================
           1.     Minnat Praveen W/o Bilal @ Belal Khan R/o Village- Simri, PS- Simri, Dis-
                  trict- Darbhanga
           2.    Md Nayeem S/o Kalimullah Khan @ Kalimullah R/o vill and P.S. - Aunsi,
                 Distt.- Madhubani
           3.    Md. Karim @ Md. Karim Khan @ Karimullah S/o Kalimullah R/o vill and
                 P.s.- Aunsi, Distt.- Madhubani
           4.    Nadra Khatoon @ Nadra Khatoona D/o Kaimullah R/o vill and P.s.- Aunsi,
                 Distt.- Madhubani
           5.    Md. Amanullah S/o Sanaullah R/o vill - Banwari, P.S.- Keoti, Distt.- Darb-
                 hanga
           6.    Moni @ Nastalikha Khatoon @ Nastalikha @ Khatoon Munni W/o Amanul-
                 lah R/o vill - Banwari, P.S.- Keoti, Distt.- Darbhanga
           7.    Ruakaiya Khatoon @ Neela @ Rokya Khatoon W/o Md. Tamanna R/o vill
                 and P.S.- Aunsi, Dist.- Madhubani
           8.     Abu Mohammad S/o Md. Ayub Khan R/o vill and P.S.- Aunsi, Dist.- Mad-
                  hubani.
                                                                         .. ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gagan Deo Yadav, Advocate
                                                   Mr. Rajesh Kumar, Advocate
                                                   Mr. Ravi Prakash, Advocate
                 For the State            :        Mr. Arun Kumar Pandey, APP
                 For the Informant        :        Mr. Arvind Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioners, learned

                   counsel for the Informant and learned APP for the State.

                                 2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Aunshi P.S. Case No. 25 of 2025 registered under sections

                   126(2), 115(2), 109, 117(2), 303(2), 76 and 3(5) of the BNS.
           Patna High Court CR. MISC. No.89793 of 2025(2) dt.15-01-2026
                               2/3




          3. The case of the prosecution is that as many as

twenty one accused persons including the petitioners entered

into the house of the informant for the purpose of committing

dacoity and indulged in assault causing injuries to the informant

and others.

          4. Learned counsel for the petitioners at the outset

submits that the informant and the petitioners are gotias and the

present FIR has been lodged after inordinate delay of three days

for which there is no explanation tendered by the informant. It

is further submitted that the narration of facts in the FIR would

also disclose that the main thrust of assault with sword rests on

accused Md. Sanwaj, Md. Saif Ali and Md. Jamir and so far as

these petitioners are concerned, Petitioner Nos. 2 and 3 were

dragging daughter of informant's sister with intent to disrobe her

and other petitioners have been imputed only with general and

omnibus allegation and the injuries are also of simple nature and

one of the co-accused Md. Sakil had earlier filed an FIR against

the informant and a title suit is also pending between the parties.

          5. The application for anticipatory bail is opposed by

learned A.P.P. for the State as well as learned counsel for the in-

formant on account of the fact that there are allegations of as-

sault and injuries have been received on the informant's side.
                        Patna High Court CR. MISC. No.89793 of 2025(2) dt.15-01-2026
                                            3/3




                        6. Taking into consideration the facts and circum-

           stances of the case and considering the delay in lodging of the

           FIR and there is no specific allegation of assault against any of

           these petitioners, let the petitioners, above named, in the event

           of their arrest or surrender before the learned Court below

           within a period of four weeks, be released on anticipatory bail in

           connection with Aunsi P.S. Case No. 25 of 2025 on furnishing

           bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

           sureties of the like amount each to the satisfaction of the learned

           Additional Chief Judicial Magistrate, Madhubani, subject to the

           condition laid down under Section 438(2) of the Code of Crimi-

           nal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject

           to the following conditions that:-

                        (i) One of the bailors shall be close relative of the pe-

           titioners.

                        (ii) The petitioners shall co-operate in the investiga-

           tion/trial and in case of non co-operation on their behalf the in-

           formant and the prosecution would be at liberty to file applica-

           tion for cancellation of bail of the petitioners.



                                    (Soni Shrivastava, J)
Vikash/-

U      T


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