Sarswati Kumari @ Saraswati Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69834 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Sarswati Kumari @ Saraswati Kumari Daughter of Nawal Kishore Sahni Village -Banarjhula Bhagwanpur Ps -Pakridayal Dist -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 103(1), 125(b) and 117(2) of B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that the informant was constructing his house, in the meanwhile, this petitioner along with others being armed with weapon arrived there. It is alleged that Shivraj Sahani, Nawal Sahani, Sikandar Sahani and Praveen Sahani fired on the son of the informant, namely, Ajay Sahani due to which he sustained gun shot injuries and has died.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. Learned counsel for the

Patna High Court CR. MISC. No.69834 of 2025(2) dt.08-10-2025 2/2 petitioner has submitted that from perusal of the FIR, it is clear that though the name of this petitioner has been arrayed in this case but no any overt act has made against her. It has further been submitted that this case is a counter version of a case filed by one Nawal Sahani which is Pakaridayal P.S. Case No. 313 of 2025. From perusal of the FIR, it is clear that the nature of allegation against this petitioner is general and omnibus. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 27.06.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakaridayal P.S. Case No. 311 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 8th , Motihari, East Champaran.

(Ashok Kumar Pandey, J) Shubham/- U T