Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22688 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- RAJPUR District- Rohtas ====================================================== 1.
Babita Devi Wife of Phulan Choudhary Resident of Village - Srinagar Suara Tola, P.S. - Baghaila, District - Rohtas at Sasaram 2.
Ashok Chaudhary Son of Dhangi Chaudhary Resident of Village - Srinagar Suara Tola, P.S. - Baghaila, District - Rohtas at Sasaram 3.
Gama Chaudhary Son of Sudarshan Chaudhary Resident of Village - Srinagar Suara Tola, P.S. - Baghaila, District - Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners who apprehend arrest in connection with Rajpur P.S. Case No. 146/2024 lodged 29.08.2024, for the offences punishable under sections 191(2), 191(3), 190, 127(1), 115(2), 109, 132, 352, 125A, 125B of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the F.I.R. has been lodged against sixteen named accused persons and eighty-five unknown accused persons, including the petitioners, alleging that approximately one hundred men and women, armed with lathi-danda, abused and assaulted the police personnel. The
Patna High Court CR. MISC. No.22688 of 2025(2) dt.01-05-2025 2/3 petitioners have been identified by the local Chaukidar.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Although the petitioner is named in the F.I.R., his name has surfaced solely on the basis of the identification made by the local Chaukidar. Apart from this, no specific allegation has been levelled against the petitioner. The allegations in the F.I.R. are omnibus and general in nature. It is further submitted that coaccused Lalji Chaudhary has already been granted bail by a coordinate Bench of this Court vide order dated 08.01.2025, and similarly, co-accused Raju Paswan and Ramayan Paswan @ Sanoj Kumar have been granted bail vide order dated 17.01.2025 passed in Criminal Miscellaneous No. 36 of 2025. The petitioner has clean antecedents.
5. Learned APP for the State opposes the prayer for bail.
6. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
Patna High Court CR. MISC. No.22688 of 2025(2) dt.01-05-2025 3/3 satisfaction of the learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas, in connection with Rajpur P.S. Case No. 146/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T