Patna High Court
Sana KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that bail should be granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners applied for bail after being implicated in a violent incident arising from a land dispute, where they were alleged to have assaulted an informant and her relatives with weapons, causing serious injuries. The State opposed bail, citing the seriousness of the injuries, the presence of grievous injuries, and prior criminal antecedents of some petitioners. The petitioners argued that the injuries were minor, the allegations inconsistent, and that the dispute was a civil land matter, not a criminal offense. The court examined the nature of the injuries, the weapons allegedly used, and the existence of a counter‑case, noting that no sharp‑cut injuries were evident despite claims of sword use. Considering these factors, the court granted bail to all petitioners, subject to a bond of Rs. 10,000 each, two sureties, and conditions under Section 482(2) of the BNSS, including a family‑member surety and a provision for cancellation if the petitioners intimidate witnesses.
Issues considered
- Whether bail should be granted to the petitioners accused of offences under Sections 119(2), 126(2), 115(2), 118, 109, 303(2), 352 and 351(2) of the BNS, 2023.
- Whether the nature of the alleged injuries and the existence of a counter‑case justify denial of bail.
- Whether the petitioners' prior criminal antecedents preclude bail.
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Section 482
- injury assessment
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91823 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
1. Sana Khatoon W/o Akbar Mian @ Akbar Ali, Resident of Bahopur, P.S- GB
Nagar,Dist- Siwan
2. Akbar Mian @ Akbar Ali Son of Salim Mian, Resident of Bahopur, P.S- GB
Nagar,Dist- Siwan
3. Pradeep Mahto Son of Keshwar Mahto, Resident of Bahopur, P.S- GB
Nagar,Dist- Siwan
4. Dilip Mahto @ Dilip Kumar Mahto Son of Vishun Mahto, Resident of
Bahopur, P.S- GB Nagar,Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Adv.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with G.B. Nagar P.S. Case No.255 of 2025 registered for the
offences punishable under Sections 119(2), 126(2), 115(2), 118,
109, 303(2), 352 and 351(2) of the BNS, 2023.
3. Allegedly, in the morning of the fateful day, all the
FIR named accused persons, including the petitioners variously
armed with lathi, rod, sword and farsa barged into the house of
the informant and started abusing her. On protest being made, it
is alleged that the petitioner no.2 assaulted the informant by
Patna High Court CR. MISC. No.91823 of 2025(2) dt.28-01-2026
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means of sword and when the father-in-law of the informant
came to her rescue, he was also assaulted by means of farsa, due
to which he sustained serious injuries. There is further allegation
against other accused persons of causing assault by means of
other weapons, due to which the informant and her husband as
well as father-in-law sustained serious injuries.
4. Learned Advocate for the petitioners contended that
the genesis of the occurrence is nothing but a land dispute. In
fact, the land in question was purchased by the petitioner no.1
and it is the informant and other persons, who were aggressor
and they were trying to grab the said land by putting down the
materials for illegal construction over the land. When the same
was resisted, both the parties entered into a free fight resulting
into unfortunate injuries to persons of both the sides. There is a
counter version of the present case being G.B. Nagar P.S. Case
No.256 of 2025 instituted against the informant and others. In
the said incident, the petitioners no.1 and 2 have also sustained
serious injuries. It is further contended that prior to the alleged
occurrence, the petitioner no.3 has also filed an application
before the Additional Collector Land Reforms, Maharajganj for
the misconduct of the informant, who forcibly put down the
materials over the land. So far the injuries which are allegedly
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sustained to the informant and her husband is concerned, the
same have been found to be simple in nature. Moreover, the
injuries which are sustained to the father-in-law of the
informant; though, two of the injuries have been found to be
grievous in nature, but the same is caused by hard and blunt
object and, as such, it does not corroborate with the allegation. It
is lastly contended that the afore-noted injuries have been
prepared by a private hospital and, as such, their genuineness is
also suspected.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of the assault being made by the petitioners no.1 and 2
along with other accused persons, three persons have sustained
serious injuries, out of whom one has sustained grievous
injuries. Moreover, the petitioners no.2 and 3 bear one criminal
antecedent as has been disclosed in para-3 of the bail
application.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the genesis of the occurrence, coupled with the nature of
accusation and the injury report, which suggest that the injuries
have been caused by hard and blunt object; nonetheless it is
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alleged that the petitioner no.2 was carrying sword and farsa in
his hand but there is no sharp cut injury, besides there is a case
and counter case and the petitioner no.2 also sustained serious
injury in the said occurrence, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned A.C.J.M-IV, Siwan in connection with G.B. Nagar
P.S. Case No.255 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS, with with further following
conditions:-
(i) One of the bailors shall be the own/close family
members of the petitioner.
(ii) If the petitioner is found involve in intimidating/
threatening the witnesses or the informant or would indulge in
such activities in future, the informant/State shall be at liberty to
file appropriate application for cancellation of his bail bond(s).
(Harish Kumar, J)
rohit/-
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