Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Daijee Devi and Rubi Devi were arrested in connection with an FIR alleging they, in collusion with family members, assaulted Jhameli Sada with a lathi and danda, resulting in her death, under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act. The petitioners, who have been in custody since November 29, 2025 and September 10, 2025 respectively, claimed they have clean antecedents and that the allegations are false and fabricated, asserting that the informant is not an eye‑witness and no material evidence links them to the crime. The State opposed the bail application. The Court examined the lack of substantive evidence and the petitioners' clean record, and consequently ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with the trial, appearance in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Benipur, Darbhanga.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under Sections 103(1) and 3(5) of the B.N.S.
- Whether the material on record justifies continued detention of the petitioners.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- assault
- homicide
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9890 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- ALINAGAR District- Darbhanga
======================================================
Daijee Devi @ Dayg Devi W/o- Ram Lakhan Sada R/v- Lilpur Ps- Alinagar
Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 10149 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- ALINAGAR District- Darbhanga
======================================================
Rubi Devi Daughter of Ram Lakhan sada Resident of Village-Lilpur, P.s-
Alinagar, District-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9890 of 2026)
For the Petitioner : Mr. Krishna Chandra, Advocate
For the State : Mr. Mithlesh Kumar Khare, APP
(In CRIMINAL MISCELLANEOUS No. 10149 of 2026)
For the Petitioner : Mr. Krishna Chandra, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. Krishna Chandra, learned counsel for the
petitioners in both the cases and Mr. Mithlesh Kumar Khare,
learned APP for the State in Cr. Misc. No. 9890 of 2026 and
Mr. Ram Anurag Singh, learned APP for the State in Cr. Misc.
No. 10149 of 2026.
2. Petitioners seek bail, who are in custody since
Patna High Court CR. MISC. No.9890 of 2026(3) dt.06-04-2026
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29.11.2025 and 10.09.2025 respectively, in connection with
Alinagar P.S. Case No. 200 of 2025, F.I.R. dated 09.09.2025
registered for the offences punishable under Sections 103(1) &
3(5) of the B.N.S.
3. Allegation against the petitioners is that they in
connivance with his family members have assaulted Jhameli
Sada with lathi and danda as result of which she died.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. and the informant has raised suspicion against these
petitioners merely on the ground that the petitioners are in-laws
and wife of the deceased. He further submits that except the
suspicion, no other cogent material has come during
investigation to suggest the involvement of these petitioners in
the present occurrence and apart from that the informant is not
an eye witness of the alleged occurrence and only one injury
was found on the person of the deceased. The petitioners are in
custody since 29.11.2025 and 10.09.2025.
5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.9890 of 2026(3) dt.06-04-2026
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State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond 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, Benipur,
Darbhanga in connection with Alinagar P.S. Case No. 200 of
2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
Patna High Court CR. MISC. No.9890 of 2026(3) dt.06-04-2026
4/4
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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