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2025 DAILYLAW 77949 (PAT)

Azahari Nesa @ Azahari Nesha @ Musmat Azahari Nesha v. The State of Bihar

CR. MISC./68513/2025 · 2025-09-26

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68513 of 2025 Arising Out of PS. Case No.-341 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Azahari Nesa @ Azahari Nesha @ Musmat Azahari Nesha W/o Late Shabbir Ahmad R/o Madhopur Shekh Toli, P.S.- Turkauliya, District- East Champaran (Motihari), Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brajbhushan Mishra, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 351(2), 352 and 3(5) of B.N.S., 2023. 3. The allegation in the first information report is that on account of uprooting of seeds of paddy crop, the accused persons, who came variously armed with lathi, danda, farsa etc., indulged in assault and the petitioner was also one of them. 4. Learned counsel for the petitioner submits, at the outset, that the petitioner is an old widow lady aged about 65 years and the allegation upon her is with regard to assault made by danda (stick) on the head of the informant causing injury to him but the injury report would show that the injury is simple in nature Patna High Court CR. MISC. No.68513 of 2025(2) dt.26-09-2025 2/2 caused by hard and blunt object as would be evident from the bail rejection order itself. It has further been submitted that there is case and counter case and the FIR lodged by the present petitioner against the present informant is Annexure-P/2. Further, the petitioner has no criminal antecedent. 5. Learned APP for the State opposes the grant of anticipatory bail. 6. Taking into consideration the facts aforesaid and also considering the simple nature of injury in the nature of laceration and abrasion, and also considering the factum of both sides being pattidars, case and counter case on both sides, let petitioner, above named, who is an old lady having no criminal antecedents, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) 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 Turkauliya P.S. Case No.341 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. Sanjay/- (Soni Shrivastava, J) U T