Created by Fuzzy Cloud

Patna High Court

Krishna DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                        3/3




                                   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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.