Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77641 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- KARPI District- Arwal ====================================================== 1 .

Kiran Devi W/o- Virodhi Yadav R/v- Buddhu Bigaha Ps- Karpi Dist- Arwal 2.

Anita Devi W/o- Kamlesh Yadav R/v- Buddhu Bigaha Ps- Karpi Dist- Arwal 3 .

Sarita Devi @ Savita Devi W/o- Bimlesh Yadav @ Bimlesh Kumar R/vBuddhu Bigaha Ps- Karpi Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 191(2), 190, 191(3), 126(2), 115(2), 118(1) and 103(1) of B.N.S., 2023 as well as under Sections 25(1-b)a, 26 and 27 of the Arms Act. 3 . As per prosecution case, the informant and his family members were harvesting crops in their field, in the meantime, all the accused persons named in the F.I.R. including these petitioners armed with lathi, danda, pistol, came and started firing indiscriminately. It is further alleged that accused persons also assaulted the informant's uncle by means of lathi as

Patna High Court CR. MISC. No.77641 of 2025(2) dt.17-11-2025 2/3 a result of which informant's uncle sustained injury in his palm. It is further alleged that during course of indiscriminate firing, the bullet fired from the desi katta of co-accused Bimlesh Kumar @ Ankit Kumar hit the informant's father, as a result of which informant's father sustained gun shot injury below his right shoulder and informant's father fell down . Thereafter, coaccused Bimlesh Kumar @ Ankit Kumar assaulted the informant's father upon his head, as a result of which, informant's father died.

4. It is submitted on behalf of the petitioners that as per F.I.R. it is apparent that specific accusation of assault is against other co-accused persons. So far as these petitioners are concerned, allegation is general and omnibus against them. No specific allegation of overt act is alleged against them. Petitioners have been made accused in this case merely because they are family members of co-accused persons. Petitioners are ladies and claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the fact that specific accusation is against other co-accused persons, materials available on record, clean antecedent of these petitioners and other circumstances of

Patna High Court CR. MISC. No.77641 of 2025(2) dt.17-11-2025 3/3 the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 62 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T