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Patna High Court

Khushboo DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

The petitioner, Khushboo Devi, applied for regular bail in a case registered under Sections 103(1) and 3(5) of the B.N.S., alleging she was falsely implicated in an assault on an informant's father. The prosecution alleged that the petitioner and co‑accused assaulted the victim with a brick, causing injury, but the petitioner argued that the FIR was defective, the informant was not an eye‑witness, and the post‑mortem was conducted before the FIR was lodged, creating doubts about the evidence. The petitioner also highlighted that a co‑accused, Lavkesh Kumar, had already been granted bail by a co‑ordinate Bench, and that she had no prior criminal record. The State opposed the bail, but the Court considered the parity with the co‑accused and the procedural irregularities. Consequently, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 103(1) and 3(5) of the B.N.S. in view of the alleged procedural defects in the FIR, lack of eyewitness testimony, and parity with a co‑accused who was previously granted bail

Legislation cited

Subjects

  • regular bail
  • B.N.S.
  • Section 103(1)
  • Section 3(5)
  • FIR irregularities
  • false implication
  • parity with co‑accused
  • medical evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6492 of 2026
                   Arising Out of PS. Case No.-332 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Khushboo Devi W/o Guddu Kumar Resident of Village- Derwa, P.S.- Kesaria,
                 District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   21-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Kesariya P.S. Case No.

                   332 of 2025 registered for the offences punishable under

                   Sections 103(1) and 3(5) of the B.N.S.

                                3.As per the prosecution case, the petitioner and other

                   co-accused persons are alleged to have assaulted the informant’s

                   father with brick due to which he sustained injuries on his

                   testicle.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has been falsely implicated in

                   the present case. It has further been submitted that the petitioner

                   and the co-accused persons were unarmed at the time of the
Patna High Court CR. MISC. No.6492 of 2026(4) dt.21-04-2026
                                            2/3




          alleged occurrence. From a bare perusal of the FIR, it appears

          that the informant is not an eye-witness to the alleged

          occurrence and the date of occurrence, as stated in the FIR, is

          16.07.2025, whereas the present FIR was instituted on

          18.07.2025. It has also been submitted that the post-mortem

          examination was conducted on 17.07.2025, i.e., prior to the

          lodging of the present FIR, which raises doubt regarding the

          prosecution case. Furthermore, the allegations made in the FIR

          do not corroborate with the medical evidence. Moreover,

          similarly situated co-accused person, Lavkesh Kumar, has

          already been granted the privilege of bail by a co-ordinate

          Bench of this Court vide order dated 21.01.2026 passed in Cr.

          Misc. No. 77013 of 2025. Lastly, it has been submitted that the

          petitioner has no criminal antecedent and is in the custody since

          19.07.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid submissions of the

          parties and the parity of the petitioner with the co-accused

          person, who has been granted the privilege of bail by a co-

          ordinate Bench of this Court, let the petitioner above-named, be

          enlarged on bail on furnishing bail-bonds of Rs. 10,000/-
              Patna High Court CR. MISC. No.6492 of 2026(4) dt.21-04-2026
                                                          3/3




                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of learned Court concerned, East

                        Champaran, in connection with Kesariya P.S. Case No. 332 of

                        2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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