Maheshari Devi @ Maheshwari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81207 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== 1.
Maheshari Devi @ Maheshwari Devi W/o Thakuri Yadav R/o Village - Barha, P.S - Chhakarbandha, District - Gaya 2.
Lalo Kumari @ Sanju Devi W/o Abhishek Kumar Yadav R/o Village - Barha, P.S - Chhakarbandha, District - Gaya 3.
Tetari Devi W/o Madan Yadav R/o Village - Barha, P.S - Chhakarbandha, District - Gaya 4.
Thakuri Yadav S/o Late Bishun Yadav R/o Village - Barha, P.S - Chhakarbandha, District - Gaya 5.
Akhilesh Yadav @ Aklesh Yadav S/o Thakuri Yadav R/o Village - Barha, P.S - Chhakarbandha, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard learned Advocate for the petitioners and the learned APP for the State as well as learned Advocate for the informant.
2. The petitioners are apprehending their arrest in connection with Chhakarbandha P.S. Case No. 11 of 2024 registered for the offences punishable under Sections 126, 115(2), 352, 117, 351(2-4), 109, 76 of the Bharatiya Nyaya Sanhita, 2023.
3. On the alleged date of occurrence, the petitioners
Patna High Court CR. MISC. No.81207 of 2025(2) dt.09-12-2025 2/3 along with others barged into the house of the informant and brutally assaulted him. When the father of the informant came to his rescue, he was also assaulted by co-accused Abhishek and Madan Yadav, due to which he sustained serious injuries. There is further allegation against the petitioners of causing assault and misbehave with others.
4. Learned Advocate for the petitioners referring to the F.I.R. contended that except the petitioners are said to be the participant in the crime, there is no specific allegation of any overt act, leading to any injury to any person. So far the injury, which is sustained to the father of the informant and later on found to be grievous in nature, it is specifically attributed to coaccused Abhishek and Madan Yadav, who are not petitioners before this Court. The alleged occurrence took place on 01.11.2024, but the F.I.R. came to be registered on 06.11.2024 i.e. after a lapse of five days without there being any plausible explanation. The petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the court and would not indulged in intimidating the witnesses or threatening the informant.
5. On the other hand, learned APP for the State and the informant opposed the bail application and submit that
Patna High Court CR. MISC. No.81207 of 2025(2) dt.09-12-2025 3/3 because of active participation of the petitioners, the old father of the informant sustained grievous injury, besides simple injury to the informant and others.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the delay in lodging of the F.I.R. as well as fair antecedent of the petitioners, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Chhakarbandha P.S. Case No. 11 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T