Maya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5080 of 2026 Arising Out of PS. Case No.-125 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Maya Devi W/O Rambahadur Paswan R/O Village-Nauranga, P.S.- Chautham, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 329(4), 324(2), 303(2), 352, 351(2) and 351(3) of B.N.S.
3. The case of the prosecution is that altogether 22 persons have assaulted the family members of the informant and have snatched golden chain and one lac rupees.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that there is specific allegation against Rikesh, Chhotu, Gautam and Anil. As far as petitioner is concerned, there is no any specific overt act against
Patna High Court CR. MISC. No.5080 of 2026(2) dt.04-02-2026 2/3 this petitioner. She is only the member of mob. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 27.11.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chautham P.S. Case No. 125 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.
7. Before parting, it is very disheartening to note that even the officers in the cadre of ADJ are not able to segregate the allegations and are simply rejecting the bail application only on the ground that one or two persons have received injury. The duty of the learned trial court while passing order on bail petition is to segregate and appreciate the allegations. Those persons who are only named and they have no allegation of any overt act, their case must not be
Patna High Court CR. MISC. No.5080 of 2026(2) dt.04-02-2026 3/3 treated on similar footing as of those who are having specific allegations.
(Ashok Kumar Pandey, J) Shubham/- U T