Patna High Court
PHULJHADI DEVI @ PHULJHARI DEVI @ FULJHARI DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioners are entitled to regular bail as the primary assault allegation is against another accused and there is no substantive evidence justifying continued detention.
Summary
The petitioners, a mother and daughter, applied for regular bail in a case arising from a land dispute where the informant alleged that the co‑accused Kameshwar Ram assaulted his maternal aunt with a sickle, resulting in death. The petitioners contended they were falsely implicated and had no prior criminal record, having been in custody since 15 June 2025. The prosecution’s FIR charged them under sections 103(1), 351(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023, but the investigation indicated that the primary assault allegation was against Kameshwar Ram alone. The court noted the prolonged pre‑trial detention, the submission of the charge‑sheet, and the lack of direct evidence against the petitioners. Consequently, the court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, to the satisfaction of the District and Additional Sessions Judge.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bharatiya Nyay Sanhita, 2023 despite the FIR charges.
- Whether the allegations against the petitioners constitute sufficient ground to deny bail.
- Impact of prolonged pre‑trial detention and submission of charge‑sheet on bail considerations.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5), 351(2)
Subjects
- regular bail
- pre‑trial detention
- land dispute
- assault with sickle
- false implication
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.613 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Phuljhadi Devi @ Phuljhari Devi @ Fuljhari Devi W/O Kameshwar Ram
R/o vill - Pakari Dixit, P.S.- Kalyanpur, Distt.- East Champaran
2. Dinesh Ram @ Dinesh Kumar S/o Kameshwar Ram R/o vill - Pakari Dixit,
P.S.- Kalyanpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Kalyanpur P.S. Case no.
222 of 2025 registered under sections 103(1), 351(2) and 3(5) of
the Bharatiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that as a result of land dispute between the parties, the accused
persons came to his darwaja and started abusing the informant
and the members of his family. It is further submitted that while
Patna High Court CR. MISC. No.613 of 2026(2) dt.15-01-2026
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the petitioners caught hold of his maternal aunt, the coaccused
Kameshwar Ram struck with a sickle causing serious injuries
leading to the death of his maternal aunt.
4. It is submitted by learned counsel for the
petitioners that the petitioners have been falsely implicated in
the case. The petitioner no.1 who is a lady happens to be the
mother of petitioner no.2. Accepting the allegations levelled, so
far as the allegation of assault with the sickle is concerned, it is
not on these petitioners but on Kamleshwar Ram. The
petitioners are in custody for more than six months since 15.6.2025,
have no criminal antecedents and undertake to cooperate in the
investigation/trial. Chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the material that has transpired in course of investigation as
evident from the order of the learned trial Court, the main allegation
of assault with the sickle being solely on Kamleshwar Ram, the
petitioners having remained in custody for more than six months
since 15.6.2025 and chargesheet having been submitted in the case,
the Court directs the petitioners to be enlarged on bail in connection
with Kalyanpur P.S. Case no. 222 of 2025 on each of them
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-VIII, East Champaran,
Motihari.
(Partha Sarthy, J)
Bibhash
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