Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to petitioners 1,2,3 and 6 with conditions and dismissed the applications of petitioners 4 and 5 as withdrawn.
Summary
The petitioners sought anticipatory bail in connection with FIR No. 295 of 2025 alleging offences under sections 126(2), 115(2), 118, 109(1), 303(2), 352 and 3(5) of the BNS, stemming from an alleged assault on a neighbour and her family that resulted in a death. The petitioners requested withdrawal of the bail application for Dhiraj Kumar and Suraj Kumar, which the court permitted, treating their applications as withdrawn. The court examined the allegations, noting that they were omnibus but that specific accusations against the female petitioners (Indu Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi) were absent and they had no criminal antecedent. Considering their willingness to cooperate with the investigation, the court granted anticipatory bail to the four women subject to strict conditions, while dismissing the applications of the two male petitioners as withdrawn. The order also imposed bail bond requirements and conditions to prevent witness tampering or further offences.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1,2,3 and 6 despite the omnibus nature of the FIR.
- Whether the anticipatory bail applications of petitioners 4 and 5 can be withdrawn.
- Whether the lack of specific allegations and criminal antecedent justifies bail for the female petitioners.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 118, 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- FIR
- assault
- death
- bail conditions
- criminal antecedent
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74110 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- PIPRA District- East Champaran
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1. Indu Devi Wife of Akhilesh Mukhiya Residents of Village-Kuwarpur, Bin
Toli, PS-Pipra, District-East Champaran,Motihari.
2. Pooja Kumari@ Pooja Kumar Daughter of Beyash Mukhiya Residents of
Village-Kuwarpur, Bin Toli, PS-Pipra, District-East Champaran,Motihari.
3. Aarti Kumari Daughter of Beyash Mukhiya Residents of Village-Kuwarpur,
Bin Toli, PS-Pipra, District-East Champaran,Motihari.
4. Dhiraj Kumar Son of Beyash Mukhiya Residents of Village-Kuwarpur, Bin
Toli, PS-Pipra, District-East Champaran,Motihari.
5. Suraj Kumar son of Beyash Mukhiya Residents of Village-Kuwarpur, Bin
Toli, PS-Pipra, District-East Champaran,Motihari.
6. Kalawati Devi Wife of Baidya Nath Mukhiya Residents of Village-
Kuwarpur, Bin Toli, PS-Pipra, District-East Champaran,Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 At the outset, learned counsel for the petitioners prays
for withdrawal of the anticipatory bail application so far as the
petitioner no. 4, Dhiraj Kumar and Petitioner no. 5, Suraj Kumar
is concerned.
2. Permission accorded.
3. Accordingly, the anticipatory bail application stands
dismissed as withdrawn with regard to petitioner no. 4, Dhiraj
Kumar and Petitioner no. 5, Suraj Kumar.
Patna High Court CR. MISC. No.74110 of 2025(3) dt.20-02-2026
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4. Heard Ms. Isha Mishra, learned counsel for the
petitioner and the State.
5. The petitioners are apprehending their arrest in
connection with Pipra P.S. Case No. 295 of 2025 for the offence
under sections 126(2), 115(2), 118, 109(1), 303(2), 352 and 3(5)
of the BNS lodged on 25.06.2025 by the informant, Lalita Devi.
6. As per the prosecution story, the informant alleged
that his neighbour Byas Mukhiya was selling the Toddy and
country made liquor as a result whereof the area was always
flooded with persons with criminal antecedent. As he used to
oppose, allegation is that on 24.06.2025, they attacked and
assaulted the informant as also her husband and father-in-law.
The injured were shifted to Chakiya Sub Divisional Hospital.
This led to the FIR.
7. In this case, the Coordinate Bench had called for
the case diary which has now been received.
8. Learned counsel for the petitioners submit that
though allegation is there and unfortunate death of the father-in-
law of the informant also took place, the allegations are
omnibus in nature and in any case, the FIR starts with the
allegation on Byas Mukhiya that he used to sell ‘Toddy’.
However, in the attack, they have named even the female
Patna High Court CR. MISC. No.74110 of 2025(3) dt.20-02-2026
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inmates beside Byas Mukhiya and his sons. The petitioner nos.
1 to 3 and 6 have no criminal antecedent and are ready to
cooperate in the investigation/diligently appear in trial.
9. Learned APP opposes the prayer submitting that a
death has occurred and not only Byas Mukhiya used to sell
‘Toddy’ upon opposition, brutal assault took place resulting in
the said death.
10. This Court has taken note of the submissions of
the parties, allegation has come, it is omnibus in nature but the
role of Byas Mukhiya and his sons cannot be ignored in view of
the fact that the lady, her husband as also father-in-law were
assaulted in which, one of them (father-in-law) succumbed to
the injuries.
11. However, considering the fact that the petitioner
nos. 1, 2, 3 and 6, namely, Indu Devi, Pooja Kumari, Aarti
Kumari and Kalawati Devi respectively are ladies having no
criminal antecedent, specific allegations have not made against
them and an undertaking has been given that they shall be
diligently appearing in trial, in that background, this Court is
inclined to extend them the privilege of anticipatory bail with
conditions.
12. Let the petitioner nos. 1, 2, 3 and 6, namely, Indu
Patna High Court CR. MISC. No.74110 of 2025(3) dt.20-02-2026
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Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi
respectively be released on bail in the event of arrest or
surrender within a period of four weeks from the receipt of this
order, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
each with two sureties of like amount each to the satisfaction of
learned SDJM Sadar, East Champaran, Motihari in connection
with Pipra P.S. Case No. 295 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner nos. 1, 2, 3 and 6, namely,
Indu Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi
respectively who shall provide official document (Aadhaar
Card/Voter ID Card/Pan Card/Driving License) to show his/her
bona fide;
(ii) the petitioner nos. 1, 2, 3 and 6, namely, Indu
Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi
respectively shall be appearing before the Police Station as and
when required for cooperating in the investigation;
(iii) the petitioner nos. 1, 2, 3 and 6, namely, Indu
Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi
respectively shall in no way try to induce or promise or threat
the witnesses or tamper with the evidences, failing which the
Patna High Court CR. MISC. No.74110 of 2025(3) dt.20-02-2026
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State shall be at liberty to take steps for cancellation of the bail
bonds;
(iv) the petitioner nos. 1, 2, 3 and 6, namely, Indu
Devi, Pooja Kumari, Aarti Kumari and Kalawati Devi
respectively shall desist from committing any criminal offence
again, failing which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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