Khushbu @ Khushbun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69174 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.
Khushbu @ Khushbun Daughter of Late Sagir Uddin @ Late Sagir Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, Dist- Kishanganj 2.
Nazma Khatoon @ Lazma Khatoon @ Nazma Wife of Late Sagir Uddin @ Late Sagir Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, DistKishanganj 3.
Md. Wahid @ Wahid son of Late Sagir Uddin @ Late Sagir Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, Dist- Kishanganj 4.
Javul Son of Late Kaithu @ Late Kalchu Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, Dist- Kishanganj 5.
Nahid Alam @ Nahid son of Late Sagir Uddin @ Late Sagir Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, Dist- Kishanganj 6.
Yasin Alam @ Md. Nazim son of Late Sagir Uddin @ Late Sagir Resident of Village- Balua Jageer, Po and Ps- Tedhagachh, Dist- Kishanganj ... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Nitesh Kumar, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. At the very outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.5-Nahid Alam @ Nahid and petitioner no.6-Yasin Alam @ Md. Nazim as they have been apprehended by the police during the pendency of this application.
3. Permission is accorded.
Patna High Court CR. MISC. No.69174 of 2025(2) dt.26-09-2025 2/3
4. Accordingly, this application is dismissed as withdrawn with regard to petitioner no.5-Nahid Alam @ Nahid and petitioner no.6-Yasin Alam @ Md. Nazim.
5. Now, this application survives only for petitioner nos.1 to 4.
6. The petitioners apprehend their arrest for the offences punishable under 126 (2), 115 (2), 118 (1), 109 (1), 351 (2), 352 and 3 (5) of the B.N.S.
7. The allegation in the F.I.R. is that all the accused persons assaulted the informant and her son due to which they sustained injury when the informant prohibited not to construct their house on her land.
8. It is submitted by learned counsel for the petitioners that there is general and omnibus allegation in the F.I.R. against these petitioners and the cause of occurrence is with regard to land encroachment. Further, there is case and counter case and the case filed on behalf of the petitioners has been annexed as Annexure-P/2 to this petition. More so, the reason behind the occurrence is dispute with regard to some portion of land.
9. Learned APP for the State opposed the prayer for anticipatory bail.
10. Taking into consideration the facts and
Patna High Court CR. MISC. No.69174 of 2025(2) dt.26-09-2025 3/3 circumstances of the case and considering that there is general and omnibus allegations against these petitioners coupled with the fact that there is case and counter case and both sides have sustained injuries, let the above named petitioner nos.1 to 4, be released on bail, in the event of their 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) each 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 Tedhagachh P.S. Case No.80 of 2025, subject to the condition as laid down under Section 482 (2) of the B.N.S.
(Soni Shrivastava, J) Trivedi/- U T