Aarti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52394 of 2026 Arising Out of PS. Case No.-194 Year-2026 Thana- ALOULI District- Khagaria ====================================================== 1.
Aarti Devi Wife of Dharamveer Mukhiya @ Dharambir Nishad Resident of Village- South Bahorwa, Ward No. 13, P.S.- Alouli, District- Khagaria. 2.
Dharamveer Mukhiya @ Dharambir Nishad Son of Late Upendra Mukhiya Resident of Village- South Bahorwa, Ward No. 13, P.S.- Alouli, DistrictKhagaria. 3.
Vijay Mukhiya @ Vijay Kumar Son of Late Upendra Mukhiya Resident of Village- South Bahorwa, Ward No. 13, P.S.- Alouli, District- Khagaria. 4.
Samila Devi Wife of Vijay Mukhiya @ Vijay Kumar Resident of VillageSouth Bahorwa, Ward No. 13, P.S.- Alouli, District- Khagaria. 5.
Vimala Devi Wife of Amarjeet Mukhiya Resident of Village- South Bahorwa, Ward No. 13, P.S.- Alouli, District- Khagaria. 6.
Mangal Kumar @ Sachin Kumar Son of Vijay Mukhiya @ Vijay Kumar Resident of Village- South Bahorwa, Ward No. 13, P.S.- Alouli, DistrictKhagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend arrest in connection with Alauli P.S. Case No. 194 of 2026 lodged on 15.05.2026, for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.52394 of 2026(2) dt.29-07-2026 2/3
3. As per the prosecution, FIR has been lodged against 08 named accused persons including the present petitioners with allegation that all the accused persons reached at the house of the informant and started abusing the informant. Thereafter, two co-accused persons have assaulted the informant's sons by iron rod, due to which head injury has been caused and they fell down and become unconscious. Allegation of snatching Rs. 2,000/- and a golden locket from the informant is also there in the FIR.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that upon bare reading of the FIR, it become crystal clear that the specific allegation is against two accused persons namely, Amarjeet Mukhiya and Rohit Kumar and not against the present petitioners. Counsel submits that there is general and omnibus allegation against the petitioners and due to jealousy, their name has been inserted in this case. He further submits that both parties are resident of the same village and the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that the specific allegation is against two accused persons namely, Amarjeet
Patna High Court CR. MISC. No.52394 of 2026(2) dt.29-07-2026 3/3 Mukhiya and Rohit Kumar and not against the present petitioners.
6. As such, in the present facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of C.J.M., Khagaria, in connection with Alauli P.S. Case No. 194 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T