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Patna High Court

Naina Devi @ Sunaina DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing her to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

Naina Devi, the wife of Tulsi Yadav, applied for bail in a case (Barari P.S. Case No. 283 of 2025) where she was alleged to have participated in an armed assault on the informant's father‑in‑law. The prosecution alleged that she, along with several others, assaulted Sibu Yadav, invoking multiple sections of the B.N.S. The petitioner contended she was merely a member of the mob, had no direct involvement, no criminal antecedent, and had been in judicial custody since 10‑09‑2025. The State opposed bail. After hearing both sides, the Court found insufficient grounds to deny bail and ordered her release on a bail bond of Rs. 10,000 with two sureties. The bail was granted subject to compliance with the conditions prescribed by the learned Chief Judicial Magistrate, Katihar.

Issues considered

  • Whether the petitioner, alleged to be a member of the mob, is entitled to bail despite the serious nature of the offences charged.
  • Whether the absence of a specific overt act by the petitioner justifies granting bail.

Legislation cited

  • B.N.S. — s. 103(2), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74

Subjects

  • bail
  • criminal procedure
  • assault
  • false implication
  • mob participation
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22921 of 2026
                        Arising Out of PS. Case No.-283 Year-2025 Thana- BARARI District- Katihar
                 ======================================================
                 Naina Devi @ Sunaina Devi, Wife of Tulsi Yadav, R/O- Rounia, Ward No.-
                 03, P.S.- Barari, Distt.- Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Barari P.S. Case No. 283 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 117(2), 118(1), 74,

                   352, 351(2) and 3(5) of B.N.S. and later on Section 109 and

                   103(2) added.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others being armed with weapon assaulted

                   the father-in-law of the informant. It is alleged that Tulsi Yadav,

                   Suman Yadav, Pradip Yadav and Dilip Yadav have assaulted

                   Sibu Yadav.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.22921 of 2026(2) dt.07-04-2026
                                                         2/2




                       committed no offence. Petitioner is a lady and she has been

                       falsely implicated in this case. The allegation of assault is

                       against other accused persons. There is no allegation of any

                       overt act against her. She is only a member of mob. She is

                       having no criminal antecedent and he is languishing in judicial

                       custody since 10.09.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    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 C.J.M.,

                       Katihar in connection with Barari P.S. Case No. 283 of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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