Bishekha Devi @ Bishakha DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33560 of 2026
                       Arising Out of PS. Case No.-7 Year-2026 Thana- BEERPUR District- Begusarai
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                 Bishekha Devi @ Bishakha Devi W/o Rajesh Mahto R/o Village - Birpur,
                 Ward no. 10, P.S - Birpur, District - Begusarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Prabhat, Adv.
                                                   Mr. Mahendra Thakur, Adv.
                                                   Ms. Anjali Das, Adv.
                                                   Mr. Ratan Raj, Adv.
                 For the Opposite Party/s :        Mr.Zainul Abedin, APP
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                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   19-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State through Virtual Mode.

                                 2. The petitioner apprehends her arrest in connection

                   with Birpur P.S. Case No. 07 of 2026 dated 19.01.2026

                   registered for the offences punishable under Sections 191(2),

                   190, 126(2), 115(2), 109(1), 352 and 351(2) of the B.N.S.

                                 3. As per the prosecution case, the informant has

                   alleged that seven F.I.R. named accused persons including the

                   petitioner surrounded the brother of the informant and started

                   abusing him. It is further alleged that on the instigation of the

                   petitioner, the co-accused, Ayush Kumar assaulted the brother of

                   the informant on his head by means of an iron patti while Robin
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          Kumar and Prince Kumar assaulted the grand-father of the

          informant, namely, Mohan Thakur, with the butt of a pistol and

          an iron rod respectively.

                       4. The learned counsel for the petitioner submits that

          the petitioner is a lady and has falsely been implicated with

          general and omnibus allegations. It has been submitted that from

          a plain reading of the FIR, it would be evident that the petitioner

          is stated to be the order giver and subsequently, there is a

          omnibus allegation of all the ladies having assaulted with bricks.

          Learned counsel for the petitioner has pointed out that the

          specific allegations of assault is against co-accused persons,

          namely, Ayush Kumar, Robin Kumar and Prince Kumar. It has

          lastly been submitted that the petitioner is an accused in one

          more case lodged in the year 2022, however, she is on bail in the

          said case.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and has

          stated that the petitioner is the order giver.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the
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          Court below within a period of four weeks from today, on

          furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          court in connection with Birpur P.S. Case No. 07 of 2026,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following

          conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the
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                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T