Sabra Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sabra Khatoon Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail in the event of her arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS, 2023, in connection with Ishuapur P.S. Case No. 152 of 2025.

Issue for consideration

Whether the petitioner, who apprehends arrest in Ishuapur P.S. Case No. 152 of 2025 registered for offences punishable under Sections 190, 191(1), 191(2), 126(2), 115(2), 118(1), 121(1), 121(2), 221, 132, 74, 76, 109 and 351(1)(ii) of the B.N.S., should be released on bail in the event of her arrest or surrender.

Court's answer

Taking into consideration the facts and circumstances of the case, and considering that the petitioner is a lady and no injury is attributable to her, the Court directed that she be released on bail in the event of her arrest or surrender before the learned Court below within four weeks.

Ratio / Principle

The release was made subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court allowed the prayer of a woman petitioner apprehending arrest in Ishuapur P.S. Case No. 152 of 2025 (District Saran), registered under Sections 190, 191(1), 191(2), 126(2), 115(2), 118(1), 121(1), 121(2), 221, 132, 74, 76, 109 and 351(1)(ii) of the B.N.S., arising out of an alleged attack on a police party that had gone to arrest her son Md. Shamim; the Court took into account that the petitioner is a lady and that no injury is attributable to her, and directed her release on bail in the event of arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26269 of 2026

Arising Out of PS. Case No.-152 Year-2025 Thana- ISUAPUR District- Saran

======================================================

Sabra Khatoon W/o Akhtar Alam @ Md. Ali Alam Khan R/o Village - Doeela, P.S - Ishuapur, District – Saran. ... ... Petitioner/s Versus

The State of Bihar. ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Md. Shamimul Hoda, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 16-07-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 190, 191(1), 191(2), 126(2), 115(2), 118(1), 121 (1), 121(2), 221, 132, 74, 76, 109 and 351(1) (ii) of the B.N.S.

While the police had gone to arrest one Md. Shamim, the petitioner along with others are said to have attacked on the police party and also assaulted the police personnel.

It is submitted by learned counsel for the petitioner that as many as five persons have been made accused in the present case with general and omnibus allegations of assaulting of police personnel and snatching the police pistol. This petitioner

has been made accused on the basis of identification made by

the local Chaukidar. It has further submitted that the petitioner happens to be the mother of Md. Shamim for whose arrest the police was taking steps. The said Md. Shamim, however, got

Patna High Court CR. MISC. No.26269 of 2026(4) dt.16-07-2026 2/2

regular bail from the learned Court below and the other accused persons are all his family members. There is specific allegation on this petitioner of giving bite to the police personnel but the injury report (Annexure-P/2) indicates no corresponding injury the the nature of the injury simple, hence no offence under Section 351 (1) of the B.N.S. has been made out against the petitioner.

Learned APP for the State opposed the prayer for bail.

Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is a lady and no injury is attributable to her, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ishuapur P.S. Case No. 152 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J)

Trivedi/- U T