Bharti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7558 of 2026 Arising Out of PS. Case No.-257 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.
Bharti Devi W/o Lakshmi Chouhan R/o Village - Dalan, P.S - Muffasil, District - Katihar 2.
Mamta Kumari @ Mamta Devi W/o Jay Prakash Chouhan R/o Village - Dalan, P.S - Muffasil, District - Katihar 3.
Meera Devi W/o Jugal Chouhan R/o Village - Nawada, P.S - Dandkhora, District - Katihar 4.
Doli Devi @ Doli Kumari W/o Anil Chouhan R/o Village - Nikhrail, P.S - Ranipatra, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 132, 121(2), 352, 3(5) of the B.N.S..
3. The allegation in the First Information Report is that on account of some mob violence, the informant, who is a police personnel, was assaulted by one Jai Prakash Chouhan, who is the person from military and all the accused persons
Patna High Court CR. MISC. No.7558 of 2026(2) dt.04-02-2026 2/3 including the present petitioners along with 8-10 unknown persons pushed the informant and others while Jai Prakash Chouhan made the main attack.
4. Learned counsel for the petitioners submits that it is clear from the First Information Report itself that the incident took place out of a mob mentality and the main allegation has been attributed to one Jai Prakash Chouhan, who is person from military as also husband of petitioner no.2. The petitioners, who are all family members of one family, have been made an accused on account of the fact that they are related to the main accused Jai Prakash Chouhan. It has been submitted that the F.I.R. has also been lodged after delay of three days and as a matter of fact, the petitioner no.2 had also lodged a complaint case bearing Complaint Case No.2064/2025 against the informant and police personnel. It has also been submitted that the injury suffered by the informant is only attributable to Jai Prakash Chouhan and not to these petitioners.
5. Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and circumstances and considering the fact that the petitioners are
Patna High Court CR. MISC. No.7558 of 2026(2) dt.04-02-2026 3/3 all family members of the family of the main accused Jai Prakash Chouhan with no specific allegation of assault upon them, let the above named petitioners, who have no criminal antecedent, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mufassil P.S. Case No. 257 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Soni Shrivastava, J) anand/- U T