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Patna High Court

Kaushalya DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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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