Noorjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10946 of 2026 Arising Out of PS. Case No.-329 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Noorjahan Khatoon S/o Suleman Ansari Resident of Village-Nauka Tola, P.S.- Raxaul, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Raxaul P.S. Case No. 329 of 2025, dated 27.07.2025, lodged under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, the FIR has been lodged against seven named accused persons, including the present petitioner. The allegation against the petitioner is that she, along with other accused persons, entered into the house of the informant and threw chilly powder in her eyes. Subsequently, they started assaulting the informant with sharp cutting weapons and iron weapons, due to which injuries were caused to the
Patna High Court CR. MISC. No.10946 of 2026(2) dt.12-03-2026 2/3 informant. Subsequently, an allegation has also been made that they all assaulted the informant with lathi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that from the contents of the FIR, it becomes crystal clear that a dispute has taken place between the informant's side and the petitioner's side regarding the agriculture of Raher. Counsel further submits that the allegation is incorrect and false. Both the petitioner's side and the informant's side are residents of the same village. Counsel further submits that for the same date and place of occurrence, there is a case and counter-case between the parties. Counsel further submits that the criminal antecedent of the petitioner is not clean, as there is one criminal case pending against her. Counsel further submits that the petitioner is aged about 45 years and is ready to fulfill all the conditions whatsoever shall be imposed by this Court.
5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioner but fairly submits that the allegation is not specific, rather, there is a general and omnibus allegation against the petitioner. Counsel further fairly submits that the injury has been caused by a hard and blunt
Patna High Court CR. MISC. No.10946 of 2026(2) dt.12-03-2026 3/3 substance, which is simple in nature.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of S.D.J.M., East Champaran, Motihari, in connection with Raxaul P.S. Case No. 329 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 his bail bonds by the Trial Court itself.
(Dr. Anshuman, J.) Aman Kumar/- U T