Patna High Court
Naziya Parveen @ Najiya Khatoon @ Najiya PraveenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Naziya Parveen, sought anticipatory bail fearing arrest in a case (Sadar P.S. Case No. 602 of 2025) registered under sections 317(4) and 317(5) of the Bihar Narcotic Substances Act, 2023, alleging that seized mobile phones and ornaments from her house were linked to her brother's alleged theft. The prosecution argued that she was implicated in the offence and highlighted her alleged criminal antecedent, while the petitioner contended she is a married woman with no involvement in her brother’s activities. The State opposed the bail on the ground of her past record. The Court examined the facts, noting that the seizure occurred at her mother’s residence and that the petitioner had offered to cooperate with the investigation. Applying Section 438(2) of the Criminal Procedure Code, the Court granted anticipatory bail with specific conditions, including surety, appearance before the trial court, and non‑interference with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite alleged involvement and criminal antecedent
- Whether Section 438(2) of the Cr.P.C. is applicable in the present circumstances
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(4), 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- bail conditions
- theft
- seizure of property
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9833 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Naziya Parveen @ Najiya Khatoon @ Najiya Praveen D/o Md. Laik, W/o
Md. Zabaz R/o Village- Aina Mahal, Gulabbag, P.S- Sadar, At present R/o
Village- Naya Tola Damka, Nagar Panchayat, Hansda, P.S- Sadar, Ward
No.35, P.O- Mohankunda, Dist- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-02-2026 Heard Mr. Sanjay Kumar Singh, learned Counsel for the
petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with
Sadar P.S. Case No. 602 of 2025 for the offence registered under
sections 317(4), 317(5) of BNS, 2023.
3. As per the prosecution story, the allegation is that the
house of the accused was raided, Najmul Khatun was present and
during the search, from a suitcase, 21 mobile phones and number of
gold, silver and brass ornaments recovered/seized. Upon query, it
was revealed that his son, Md. Ishtiaque is a thief who along with
Azaz and Md. Intiyaz after committing theft, brings the materials
which is being used by the family for their living. It is to be noted
that the two women who escaped, the arrested lady named them as
Naziya Khatun (petitioner herein) and Rabina Khatun.
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4. Learned Counsel for the petitioner submits that she is a
married lady, has nothing to do with the act of the brother/mother, the
Police only to implicate, has named him.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that this lady has criminal
antecedent. To this, learned counsel for the petitioner submits that
when she was unmarried, for the act of her brother, she was also
implicated.
6. Considering the submissions of the parties as also that
the recovery/seizure is from the house of the mother of the petitioner
and the mother and the brothers are in custody, this petitioner is a
married lady, an undertaking has been given that she shall be co-
operating in the investigation, in that background, this Court is
inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Purnea in connection with Sadar P.S. Case No. 602 of 2025 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
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show her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of her bail bond by
the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
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