Roshni Khatoon @ Roshni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4523 of 2026 Arising Out of PS. Case No.-391 Year-2025 Thana- DAGARUA District- Purnia ====================================================== 1.

Roshni Khatoon @ Roshni W/o Shamshad @ Md. Shamshad Resident of village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea 2.

Md. Mojib @ Mojib S/o Panchu @ Pachu Resident of village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea 3.

Shahid @ Md. Shahid S/o Late Sekh Siddique @Siddique Resident of village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea 4.

Fatkan S/o Sk. Akbar @ Akbar @ Sekh Akbar Resident of village Maheshkhut, Ward No. 07, Police Station- Dagarua, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Beauty Verma, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 118(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that petitioner no. 1 was fraudulently claiming ownership over the land of the father of informant based on a forged deed and attempted to forcibly occupy the same. On 21.10.25, at about 8 AM, all the F.I.R. named accused persons, including these petitioners, armed with

Patna High Court CR. MISC. No.4523 of 2026(4) dt.06-04-2026 2/3 weapons, trespassed the land of informant and started building a wall. Upon protest, all the accused persons assaulted informant and his family members by means of sticks, iron rod, crowbars, knife etc. as a result of which six persons sustained injuries.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. On account of land dispute, a free fight took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against these petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 learned Chief Judicial Magistrate, Purnea in connection with Dagarua P. S. Case No. 391 of 2025, subject to condition as laid down under Section

Patna High Court CR. MISC. No.4523 of 2026(4) dt.06-04-2026 3/3 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T