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2026 DAILYLAW 44528 (PAT)

Minnat Praveen v. The State of Bihar

CR. MISC./89793/2025 · 2026-01-15

Smt Soni Shrivastava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89793 of 2025 Arising out of PS. Case No.-25 Year-2025 Thana- Aunsi District- Madhubani ====================================================== 1. Minnat Praveen W/o Bilal @ Belal Khan R/o Village- Simri, PS- Simri, Dis- trict- Darbhanga 2. Md Nayeem S/o Kalimullah Khan @ Kalimullah R/o vill and P.S. - Aunsi, Distt.- Madhubani 3. Md. Karim @ Md. Karim Khan @ Karimullah S/o Kalimullah R/o vill and P.s.- Aunsi, Distt.- Madhubani 4. Nadra Khatoon @ Nadra Khatoona D/o Kaimullah R/o vill and P.s.- Aunsi, Distt.- Madhubani 5. Md. Amanullah S/o Sanaullah R/o vill - Banwari, P.S.- Keoti, Distt.- Darb- hanga 6. Moni @ Nastalikha Khatoon @ Nastalikha @ Khatoon Munni W/o Amanul- lah R/o vill - Banwari, P.S.- Keoti, Distt.- Darbhanga 7. Ruakaiya Khatoon @ Neela @ Rokya Khatoon W/o Md. Tamanna R/o vill and P.S.- Aunsi, Dist.- Madhubani 8. Abu Mohammad S/o Md. Ayub Khan R/o vill and P.S.- Aunsi, Dist.- Mad- hubani. .. ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate Mr. Ravi Prakash, Advocate For the State : Mr. Arun Kumar Pandey, APP For the Informant : Mr. Arvind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State. 2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Aunshi P.S. Case No. 25 of 2025 registered under sections 126(2), 115(2), 109, 117(2), 303(2), 76 and 3(5) of the BNS. Patna High Court CR. MISC. No.89793 of 2025(2) dt.15-01-2026 2/3 3. The case of the prosecution is that as many as twenty one accused persons including the petitioners entered into the house of the informant for the purpose of committing dacoity and indulged in assault causing injuries to the informant and others. 4. Learned counsel for the petitioners at the outset submits that the informant and the petitioners are gotias and the present FIR has been lodged after inordinate delay of three days for which there is no explanation tendered by the informant. It is further submitted that the narration of facts in the FIR would also disclose that the main thrust of assault with sword rests on accused Md. Sanwaj, Md. Saif Ali and Md. Jamir and so far as these petitioners are concerned, Petitioner Nos. 2 and 3 were dragging daughter of informant's sister with intent to disrobe her and other petitioners have been imputed only with general and omnibus allegation and the injuries are also of simple nature and one of the co-accused Md. Sakil had earlier filed an FIR against the informant and a title suit is also pending between the parties. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State as well as learned counsel for the in- formant on account of the fact that there are allegations of as- sault and injuries have been received on the informant's side. Patna High Court CR. MISC. No.89793 of 2025(2) dt.15-01-2026 3/3 6. Taking into consideration the facts and circum- stances of the case and considering the delay in lodging of the FIR and there is no specific allegation of assault against any of these petitioners, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Aunsi P.S. Case No. 25 of 2025 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Madhubani, subject to the condition laid down under Section 438(2) of the Code of Crimi- nal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions that:- (i) One of the bailors shall be close relative of the pe- titioners. (ii) The petitioners shall co-operate in the investiga- tion/trial and in case of non co-operation on their behalf the in- formant and the prosecution would be at liberty to file applica- tion for cancellation of bail of the petitioners. Vikash/- (Soni Shrivastava, J) U T