Patna High CourtCR. MISC./44642/2025bail granted

Fulan Devi @ Fulen Devi v. The State Of Bihar

2025-07-16Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44642 of 2025 Arising Out of PS. Case No.-431 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Fulan Devi @ Fulen Devi, aged about 45 years, Female Wife of Bhola Choudhary, Resident of Village- Rajoura Ward No. 12, Kharua Tola, P.S.- Mufassil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mufassil (Begusarai) P.S. Case No. 431 of 2024 instituted for the offences punishable under Sections 109(1), 352, 117(2), 118(2), 3(5) of the BNS, 2023 and Section 27 of the Arms Act.

3. As per FIR, the allegation against the petitioner and other accused persons are that they started abusing the mother of the informant and against the petitioner that she is only the order giver.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case by the informant due to ulterior motive. He submits that no such occurrence, as alleged,

Patna High Court CR. MISC. No.44642 of 2025(2) dt.16-07-2025 2/3 has been taken place and the entire prosecution story is false and concocted. He further submits that no any indiscriminating firing has been made by the petitioner and no material has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 27.12.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned Principal Sessions Judge, Begusarai dated 28.05.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant Raju Choudhary, FIR has been registered under Sections 109(1), 352, 117(2), 118(2), 3(5) of the BNS, 2023 and Section 27 of the Arms Act against four accused persons including the present petitioner. Allegation against the petitioner is that she is only the order giver and there is no specific allegation of any overt act against the petitioner, she is a lady and is in custody since 27.12.2024, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is

Patna High Court CR. MISC. No.44642 of 2025(2) dt.16-07-2025 3/3 allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Mufassil (Begusarai) P.S. Case No. 431 of 2024. (Ramesh Chand Malviya, J) Anand Kr.

U T