Patna High Court
Kamela Khatoon @ Kamela Khatoona @ KamlaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bail bond of Rs. 10,000 and two sureties, under the conditions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Kamela Khatoon, a woman from Kishanganj, sought bail after the police registered a case against her under multiple sections of the Bhartiya Nyaya Sanhita and the Explosive Substances Act, alleging she had exploded a bomb to frame others. She contended that the earlier case was false, no explosive material was recovered from her possession, and she posed no flight risk. The State opposed the bail application, emphasizing the seriousness of the charges. The court considered her gender, lack of physical evidence, and the possibility of surrender within eight weeks. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court ordered that she be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The bail was conditioned on compliance with the stipulated terms and the court’s satisfaction.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences alleged under the Bhartiya Nyaya Sanhita and the Explosive Substances Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 229, 232, 236, 238, 239, 240, 248, 61(2)
- Explosive Substances Act — s. 3, 4, 5
Subjects
- bail
- criminal procedure
- explosives
- false implication
- gender considerations
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91751 of 2025
Arising Out of PS. Case No.-465 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Kamela Khatoon @ Kamela Khatoona @ Kamla Wife of Jamil Akhtar R/o
Village - Farsadangi, Ward No.- 7, P.S.- Kishanganj, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence under Sections 229, 236, 238, 239,
240, 232, 248 and 61(2) of the Bhartiya Nyaya Sanhita and
Sections 3, 4 & 5 of Explosive Substances Act.
3. As per allegation, earlier Kishanganj P.S. Case No.
459 of 2025 was registered at the instance of this petitioner.
During investigation, it was found that the alleged occurrence
was false and this petitioner and other co-accused persons
exploded bomb for implicating other persons in the aforesaid
case and accordingly, present F.I.R. was lodged.
4. Learned counsel for the petitioner submits that
petitioner is lady and has been falsely implicated in this case
Patna High Court CR. MISC. No.91751 of 2025(2) dt.20-01-2026
2/2
only on suspicion. No explosive substance or incriminating
article has been recovered from possession of this petitioner.
Petitioner is lady and there is no chance of absconding or
tampering with the evidence.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case and the
fact that petitioner is lady, in the event of arrest/surrender within
a period of eight weeks from today, petitioner is directed to 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 learned C.J.M., Kishanganj in connection with
Kishanganj P.S. Case No. 465 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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