Patna High Court
Kaushalya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Kaushalya Devi, a 65‑year‑old woman, was arrested in connection with a case registered under multiple sections of the B.N.S., 2023, alleging that she and six others assaulted an informant and his family. She pleaded not guilty, asserting that the FIR contains only vague, omnibus allegations and that she has no prior criminal record, having been in judicial custody since 12‑12‑2025. The State opposed her bail application. After hearing both sides, the Court considered her age, lack of specific incriminating acts, and the nature of the allegations, and decided to grant bail. She was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the District Additional & Sessions Judge‑II, Banka. The bail order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner under the multiple offences alleged in the B.N.S., 2023.
- Whether the petitioner’s age, lack of specific allegations, and absence of prior criminal record warrant bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- age factor
- multiple offences
- false implication
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17121 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- CHANDAN District- Banka
======================================================
Kaushalya Devi Wife of Chhotelal Yadav @ Tetu Yadav R/o Village -
Luritand, P.S. - Chandan, Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prahlad Kumar Bhagat, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chandan P.S. Case No. 63 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 117(2), 109(1), 352, 351(2), 351(3) of the
B.N.S., 2023.
3. The case of the prosecution, in short, the petitioner
along with other six named persons started abusing and
assaulting the informant. When the family members came to
rescue, they were also being assaulted.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
Patna High Court CR. MISC. No.17121 of 2026(2) dt.17-03-2026
2/2
case. He also submits that from perusal of the FIR, it is clear
that the nature of allegation is general and omnibus. He also
submits that the petitioner is a lady who is aged about 65 years.
There is no specific allegation of any overt act against her. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and she is
languishing in judicial custody since 12.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
Additional & Sessions Judge-II, Banka in connection with
Chandan P.S. Case No. 63 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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