Patna High Court
Krishna DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Krishna Devi was arrested in connection with a murder case (PS Rajapakar Case No.479 of 2025) alleging she participated in a mob assault that led to the death of Lotan Choudhary. The prosecution alleged she struck the deceased with a lathi on the leg, causing him to fall and be further assaulted by others, resulting in death. The petitioner’s counsel argued that her alleged act was limited to a simple assault with a lathi, she had no prior criminal record, and she had been in custody since December 2025. The State and the informant opposed bail, contending her act enabled the subsequent fatal assaults. After hearing both sides, the court found the allegations against her to be minor in nature and granted her bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, charged with offences under Sections 115(2), 126(2), 109, 351, 352(2), 103(1) & 3(5) of the B.N.S., is entitled to bail despite the alleged involvement in a homicide.
- Whether the nature and extent of the petitioner’s alleged participation (assault with a lathi on the leg) justify the denial of bail.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 126(2), 3(5), 351, 352(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- mob violence
- gender
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17851 of 2026
Arising Out of PS. Case No.-479 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Krishna Devi W/O Ramesh Chaudhary R/O Village- Kansara, P.S- Rajapakar
(Baranti O.P.), Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the State : Ms. Gulnar Begum, APP
For the Informant : Mr. Vishwa Ranjan Coudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rajapakar (Baranti) P.S. Case No.479 of 2025 registered
for the offence punishable under Sections 115(2), 126(2), 109,
351, 352(2), 103(1) & 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with others started abusing the brother-in-law of
the informant, namely, Lotan Choudhary (deceased). It is further
submitted that Ramesh Choudhary assaulted with a sharp
cutting hasuli on the neck of the deceased which hit on the face
and ear. After that, the deceased attempted to run away. Then
Krishna Devi (petitioner) assaulted with lathi on his leg due to
Patna High Court CR. MISC. No.17851 of 2026(2) dt.24-03-2026
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which he fell down and after that other accused persons have
badly assaulted due to which the deceased succumbed to the
injuries.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the FIR it is clear
that only allegation against the petitioner is that she was the
member of the mob and that she has only assaulted with lathi,
that too on the leg of the deceased. At most the injuries which
are alleged to be caused by the petitioner are of simple in nature.
Learned counsel for the petitioner has submitted that there is
allegation of assaulting with sharp cutting weapon on other
accused persons and due to which the deceased died. Learned
counsel for the petitioner has submitted that the petitioner is a
lady having no criminal antecedent and she is in judicial custody
since 20.12.2025.
5. The application for bail is jointly opposed by
learned APP for the State and learned counsel for the Informant
and learned counsel for the informant has submitted that from
perusal of the FIR it is clear that it is the petitioner who has
assaulted the deceased on leg with lathi due to which he fell
down and thereupon all the accused persons got opportunity to
assault him badly due to which he died.
Patna High Court CR. MISC. No.17851 of 2026(2) dt.24-03-2026
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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 court of learned
C.J.M., Vaishali at Hajipur in connection with Rajapakar P.S.
Case No.479 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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