Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46367 of 2026 Arising Out of PS. Case No.-301 Year-2025 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Chandrakala Devi Wife of Late Deelip Sahai Resident of Village - Jagai, Majhauli Ward no 6, PS -Bochacha District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bochaha P.S. Case No. 301 of 2025 instituted for the offences under Sections 126(2), 115(2), 109, 303(2), 74, 118(1), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. Prosecution case, in short, is that the accused persons including the petitioner, acting in furtherance of their common intention, allegedly formed an unlawful assembly, assaulted the informant and her family with deadly weapons, caused grievous injuries to her son, committed theft of gold

Patna High Court CR. MISC. No.46367 of 2026(2) dt.20-07-2026 2/3 ornaments, and threatened to kill the family.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. He further submitted that the only allegation against the petitioner is of snatching the mangalsutra of the informant from her neck. The specific allegation of assault is attributed to co-accused Mukesh Sahani. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.04.2026 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no direct allegation of assaulting the deceased rather the same being attributed to co-accused, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.46367 of 2026(2) dt.20-07-2026 3/3 below/concerned Court in connection with Bochaha P.S. Case No. 301 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T