Laili Khatun @ Bibi Laila v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32712 of 2026 Arising Out of PS. Case No.-267 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.
Laili Khatun @ Bibi Laila W/o Md. Pairu 2.
Md. Pairu s/o Late Md. Yakub 3.
Md. Amir S/o Md. Pairu All are R/o vill - Chakrami Basa, P.S.- Alamnagar, Distt.- Madhepura ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Narendra Kumar, Advocate For the Informant :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Alamnagar P.S. Case No.267 of 2023 registered under Sections 447, 341, 323, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code (in short 'IPC').
3. Allegation against the petitioners is to assault the informant and others during the course of occurrence causing head and bodily injuries, where the alleged injuries were made with intention to cause their death. The
Patna High Court CR. MISC. No.32712 of 2026(3) dt.20-07-2026 2/3 occurrence is alleged to be arising out of parking issues.
4. It is submitted by learned counsel appearing for the petitioners that the occurrence was free fight in nature, in which both parties received injuries, for which petitioner's side also lodged a case with police which was registered as Alamnagar P.S. Case No.267 of 2023. It is further submitted that as occurrence was free fight in nature, it can be safely said that petitioners were not under intention to cause death of injured and others during the occurrence. It is argued that the allegation to cause injury by using dabiya is available against co-accused, namely, Md. Sanjur, who is not the petitioner for the present, whereas the allegation qua assaulting by using iron rod is available against petitioner no.3, to the husband of the informant. It is further submitted that none of the injured received grievous injuries during the occurrence. Moreover, all three petitioners claimed clean antecedent.
5. Learned APP duly assisted by the learned counsel for the informant, Mr. Ajit Kumar Singh, while opposing the prayer of bail could not disputed the factual
Patna High Court CR. MISC. No.32712 of 2026(3) dt.20-07-2026 3/3 submissions that occurrence was free fight and the nature of injury was simple.
6. In view of aforesaid factual submissions and by taking note of fact, as prima facie the occurrence was free fight in nature, where nature of injury as alleged to be caused by petitioners during the occurrence upon medical examination found simple in nature, accordingly, all three above-named petitioners, who are of clean antecedent, are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No.267 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J) Raushan/- U T