Patna High Court

Sobeela Khatoon @ Subaila KhatoonversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions.

Summary

The petitioners, residents of Bajitpur village, applied for anticipatory bail fearing arrest in a case (Ujiyarpur PS Case No.283 of 2023) involving multiple IPC offences including assault, attempt to murder and robbery. They asserted that they are innocent, have clean antecedents and that no specific allegation links them to the alleged offences. The State opposed the bail, contending the seriousness of the charges. The Court, noting the petitioners' clean record and lack of specific incrimination, was inclined to grant anticipatory bail. Accordingly, the petitioners were directed to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences
Whether the petitioners' clean antecedent and lack of specific allegation justify the grant of anticipatory bail
Applicability of Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
clean antecedent
IPC offences
Section 438 CrPC
Section 482 BNS
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91927 of 2025
                    Arising Out of PS. Case No.-283 Year-2023 Thana- UJIYARPUR District- Samastipur
                 ======================================================
           1.     Sobeela Khatoon @ Subaila Khatoon Wife of Md. Hakim @ Hakim
           2.    Md. Tazim Son of Md. Hakim @ Hakim
           3.    Md. Fulbo @ Md. Fulbabu Son of Md. Hakim @ Hakim
           4.     Afsana Khatoon Wife of Md. Mustakim
                  All Resident of village- Bajitpur Ps- Ujiyarpur District -Samstipur
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lakshmindra Kumar Yadav
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Ujiyarpur P.S. Case No.283 of 2023 registered for the

                   offence under Sections 147, 148, 149, 341, 323, 324, 307,

                   354(B), 379, 504, 506 of the IPC.

                                3. As per the allegation made in the FIR, the accused

                   persons including the petitioners assaulted the informant and his

                   sister-in-law, wife of his younger brother, causing head injury

                   with an intention to kill.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence and they

                   have falsely been implicated in this case. Learned counsel for
          Patna High Court CR. MISC. No.91927 of 2025(2) dt.15-01-2026
                                                      2/2




                    the petitioners further submits that all the petitioners have clean

                    antecedent and there is no specific allegation against the

                    petitioners.

                                 5. The learned APP opposes the anticipatory bail

                    application.

                                 6. Considering the fact that all the petitioners have

                    clean antecedent and that there is no specific allegation against

                    the petitioners, this Court is inclined to grant bail to the

                    petitioners.

                                 7. Accordingly, the petitioners above named, in the

                    event of their arrest or surrender before the learned Court below

                    within a period of six weeks, are directed to be released on

                    anticipatory bail on their furnishing bail-bonds in the sum of

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

                    the like amount each to the satisfaction of the learned Sub-

                    Divisional Judicial Magistrate, Dalsinghsarai, in connection

                    with Ujiyarpur P.S. Case No.283 of 2023, subject to the

                    conditions laid down under Section 438(2) of the Cr.P.C./ under

                    Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

Continue reading with your account

Checking your session…