Kala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3826 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Kala Devi W/O- Bechan sahni Resident of Vill- Birpur Ward No. 11, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Birpur P.S. Case No. 185 of 2024, instituted for the offences punishable under Sections 303(2), 334(1) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, theft has been committed in the shop of the informant at night and LED TV, cash of Rs. 10,000/- along with other articles were stolen from his shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.3826 of 2025(2) dt.29-01-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is a lady. The petitioner is not named in the FIR. Name of the petitioner has transpired on the basis suspicion during course of investigation. It is further submitted that no recovery of stolen articles have been made from the possession of this petitioner. The petitioner is in custody since 16.09.2024 and has got one criminal antecedent in which she is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birpur P.S. Case No. 185 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T