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2025 DAILYLAW 50675 (PAT)

Yashoda Devi v. The State of Bihar

CR. MISC./37800/2025 · 2025-08-13

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37800 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- BARARI District- Katihar ====================================================== Yashoda Devi D/o- Late Bhim Paswan Resident of Marghiya Kadar tola Ward No- 04 PS- Barari District- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Musowir, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner seeks regular bail in connection with Barari P.S. Case No.91 of 2025 registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 352, 351(2)(3) of the B.N.S. Later on Section 103(2) of B.N.S. was added. 3. As per prosecution case, the accused persons including petitioner after forming unlawful assembly came at the place of occurrence having armed with lathi, danda and they brutally assaulted Gopal Paswan and others due to which Gopal Paswan during the course of his treatment succumbed to his injuries. Petitioner is also alleged to have snatched payal etc. from the wife of informant. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.37800 of 2025(3) dt.13-08-2025 2/2 petitioner is innocent and has been falsely implicated in this case due to land dispute. There is a case and counter case between the parties. No specific allegation has been made against the petitioner and the allegations of assaulting and snatching are false and fabricated. The charge sheet has already been submitted and there is no chance of tampering with the evidence or absconding of petitioner. Petitioner is a lady having clean antecedent. She is in jail since 02.04.2025. Petitioner undertakes to cooperate in the trial. 5. Learned A.P.P. has opposed the prayer for bail of the petitioner. 6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Katihar in connection with Barari P.S. Case No.91 of 2025. Harish/- (Sunil Dutta Mishra, J) U T