Kala Devi v. The State Of Bihar
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 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
Patna High Court CR. MISC. No.3606 of 2026(2) dt.28-01-2026 2/3 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
Patna High Court CR. MISC. No.3606 of 2026(2) dt.28-01-2026 3/3 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