Lakshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16843 of 2026 Arising Out of PS. Case No.-1045 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Lakshmi Devi Wife of Kuldeep Paswan Resident of Vill.- Bhusunda, P.O.- Nauranga, P.S.- Mufassil, District - Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Laliteshwar Prasad Sharma, Advocate For the Informant : Mr. Sanjeev Kumar, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard Mr. Laliteshwar Prasad Sharma, learned counsel for the petitioner, Mr. Sanjeev Kumar, learned counsel for the Informant and Mr. Abhay Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.10.2025, in connection with Mufasil P.S. Case No. 1045 of 2025, F.I.R. dated 03.10.2025 registered for the offences punishable under Sections 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act.

3. Allegation against the petitioner is that she along with other co-accused persons in conspiracy killed the son of the informant by shooting.

4. Learned counsel for the petitioner submits that the present case is a peculiar case of mishandling by the police and

Patna High Court CR. MISC. No.16843 of 2026(2) dt.17-03-2026 2/3 the petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or firing attributed against the petitioner and she has beeen made accused merely on the ground that she is mother of co-accused person namely Mohit Paswan and it appears from the F.I.R. it appears that there is specific allegation of firing against co-accused person namely Mohit Paswan who happens to be son of the petitioner and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 05.10.2025.

5. The learned counsel for the Informant as well as learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.16843 of 2026(2) dt.17-03-2026 3/3 learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 1045 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T