Patna High Court – Orders
Jahan Ara vs The State Of Bihar on 1 July, 2026
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33782 of 2026
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
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1. Jahan Ara Wife of Guddu Khan Resident of Mohalla - Near Choti Masjid
Nai Bazar, P.S. -Bhagwan Bazar, Dist- Saran
2. Nikhat Daughter of Guddu Khan Resident of Mohalla - Near Choti Masjid
Nai Bazar, P.S. -Bhagwan Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026
Heard Mr. Vijay Kumar Srivastva, learned counsel
for the petitioners and Md. Matloob Rab, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Bhagwan Bazar P.S. Case No. 423 of 2023,
F.I.R. dated 27.10.2023 for the offences punishable under
Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296,
337, 338, 307, 332, 333, 353, 427 and 120(B) of the IPC and
Section 9 of Bihar Control of use and play of Loudspeaker Act.
3. According to prosecution case, 115 named and 500
unnamed accused persons said to have pelted stones on the
procession of Goddess Durga when it reached near Masjid due
Patna High Court CR. MISC. No.33782 of 2026(2) dt.01-07-2026
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to which panic has been created between the two religious
groups.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Although petitioners are named
in the FIR but there is no specific allegation of assault or overt
act attributed against these petitioners rather there is general and
omnibus allegation against all the accused persons including
these petitioners. He further submits that the similarly situated
co-accused, namely, Arslan Khan @ Kallu and another have
been granted anticipatory bail by this Court vide order dated
15.07.2025 passed in Cr. Misc. No. 39854 of 2025 and another
co-accused, namely, Rakesh Kumar Mishra has also been
granted anticipatory bail by this Court vide order dated
17.04.2026 passed in Cr. Misc. No. 23165 of 2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation against these petitioners and similarly situated co-
accused persons have been granted anticipatory bail by this
Court, let the petitioners, above named, in the event of their
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arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned A.C.J.M.-1st, Saran at Chapra in connection with
Bhagwan Bazar P.S. Case No. 423 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.33782 of 2026(2) dt.01-07-2026
4/4shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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