Patna High Court
Khushboo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S. — s. 103(1), 3(5)
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
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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/-
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(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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