Patna High Court
Kala DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court held that regular bail should be granted to the petitioners subject to prescribed conditions.
Summary
The petitioners, three women from Bhith village, were arrested after allegedly assaulting police officers and helping a male accused escape during a liquor‑smuggling raid on 24‑10‑2025. They were charged under numerous sections of the Indian Penal Code and Section 27 of the Arms Act for offences including assault, unlawful restraint, and possession of arms. The petitioners contended that they were falsely implicated, that no incriminating material was recovered from them, and that they have been in judicial custody since 25‑10‑2025. The State opposed bail, citing the seriousness of the offences. The Court, noting the petitioners’ gender, the length of their pre‑trial detention, and the lack of direct evidence against them, ordered that they be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions of personal appearance and a family member as bailor. The bail order was conditioned on cancellation of the bond if the petitioners fail to appear on two consecutive dates without reasonable cause.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the charges under the IPC and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115, 117, 118, 121, 125, 126, 132, 190, 191, 192, 221, 263, 324, 61
Subjects
- regular bail
- assault on police
- IPC
- Arms Act
- pre‑trial detention
- women accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3606 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
1. Kala Devi W/o Raj Kumar Mukhiya R/o Village - Bhith, P.S - Bhagwanpur,
District - Begusarai
2. Joti Devi @ Jyoti Devi @ Jyoti Kumari D/o Raj Kumar Mukhiya R/o
Village - Bhith, P.S - Bhagwanpur, District - Begusarai
3. Asha Devi W/o Raghu Mukhiya R/o Village - Bhith, P.S - Bhagwanpur,
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Sarita Kumari
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Bhagwanpur P.S. Case
No. 316 of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(2),
109(1), 132, 121(1), 121(2), 125(a), 125(b), 221, 192, 61(2),
263 and 324(4) of the BNS and Section 27 of the Arms Act.
3. As per the prosecution story, while the informant
was on patrolling on 24.10.2025, at about 17:00 hours, he
received an information the liquor is being sold at the
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motorcycle beneath bridge. Acting promptly, the police team
reached at the spot and found a large gathering where two
persons were selling liquor. On seeing the police, the accused
persons tried to flee after throwing liquor into the river but one
Rohit Kumar, was apprehended along with a Pulsar motorcycle
bearing registration no. BR-09-AQ-7971. While the accused
was being taken to the police station, on way, his family
members and other accused persons, including Kala Devi
(petitioner no. 1) and Jyoti Kumari (petitioner no. 2), unlawfully
restrained the police party and assaulted them with sticks and
bricks, causing serious injuries to on-duty police personnel,
including injuries to Chowkidar Ravindra Kumar and SI Raju
Kumar. The accused persons including the petitioner forcibly
got the Rohit Kumar freed from the police custody.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case due to ulterior motive. From bare perusal of the F.I.R., it
appears that there is no specific allegation attributed against the
petitioners as also no incriminating articles have been recovered
from their possession. The entire allegation as alleged in the
F.I.R. is outright false, concocted and absurd. After completion
of investigation police has submitted chargesheet against the
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petitioners. Petitioners are lady and they are languishing in
judicial custody since 25.10.2025.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody as also the petitioners are lady, let the
petitioners, above named, be released on bail after framing of
charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate First Class, Begusrai in connection
with Bhagwanpur P.S. Case No. 316 of 2025 subject to the
following conditions :-
(i). Petitioners will remain physically present in trial
on each and every date till the disposal of the case failing which,
on two consecutive dates without reasonable cause, the bail
bond of the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be their family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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