Patna High Court
Sabina Haque @ Shabina Haque @ NagmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sabina Haque sought anticipatory bail after being named in an FIR for alleged offences under several sections of the Bharatiya Nyaya Sanhita, stemming from a missing‑person case and alleged assault on an informant. The prosecution alleged that she had informed the informant about his missing daughter, while the petitioner claimed innocence and a clean antecedent with no specific overt act attributed to her. The State opposed the bail application. The court considered the nature of the accusations, the petitioner’s clean record, and the statutory provision for anticipatory bail. It granted anticipatory bail, directing that if she is arrested or surrenders within eight weeks, she may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner can be arrested under the listed sections of the Bharatiya Nyaya Sanhita.
- Whether anticipatory bail is appropriate under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the facts.
- Whether the petitioner’s clean antecedent and lack of specific allegation of an overt act justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 127(2), 140(3), 303(2), 308(5), 3(5), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91579 of 2025
Arising Out of PS. Case No.-599 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Sabina Haque @ Shabina Haque @ Nagma W/O Md. Nasimul Haque
Resident of village/Mohalla-Ward No.- 2, Minhaj Nagar,Phulwari Sharif,Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 127(2), 115(2),
118, 109, 308(5), 303(2), 140(3), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita.
3. Prosecution case, in brief, is that on 29.8.25,
daughter of the informant went missing and during course of
search, 40-50 students of the hostel assaulted informant and his
friends with knives, rods, bamboo, belts, wires, etc. Petitioner is
alleged to have informed the informant about her missing
daughter.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Though
Patna High Court CR. MISC. No.91579 of 2025(2) dt.19-01-2026
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petitioner is named in the F.I.R. but there is no specific
allegation of any overt act against petitioner. Petitioner is lady
and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class
XIV, Patna in connection with Kadamkuan P. S. Case No. 599 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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