Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellant.
Summary
Geeta Devi was arrested in connection with a murder case alleged under IPC sections 302, 120B and 34, Arms Act section 27 and the SC/ST (Prevention of Atrocities) Act. The informant claimed that the appellant, motivated by a property dispute, had conspired to kill his father, but no eyewitness testimony linked her to the crime. The appellant argued that the FIR was based solely on an old personal dispute, that there was no caste‑based abuse, and that co‑accused had already been granted bail. The Special Public Prosecutor opposed bail, while the appellant’s counsel highlighted her clean record and prolonged custody since July 2024. The Patna High Court, considering the lack of direct evidence, parity with co‑accused, and the appellant’s antecedents, set aside the lower court’s order denying bail and granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the evidence disclosed in the FIR is sufficient to justify denial of bail to the appellant.
- Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are substantiated.
- Whether the appellant is entitled to bail on the basis of parity with co‑accused who have been released.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- conspiracy
- arms possession
- SC/ST Act
- caste discrimination
- parity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4620 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
Geeta Devi W/O- Upendar Singh Village- Rukhi PS- Chandi District-
Nalanda, At Present Mohalla- Ashiyana More, Raja Bazar, Ps- Shastri Nagar
District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Suraj Kumar S/o- Late Mahesh Mochi R/v- Mamrejpur Ps- Naubatpur Dist-
Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Munna Kumar Upadhyay , Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-03-2026 Heard learned counsel appearing for the appellant and
learned Special Public Prosecutor appearing for the respondent-
State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 26.08.2025 passed in a case registered for the offence
punishable under Sections 302, 120B and 34 of the Indian Penal
Code and Section 27 of the Arms Act and later on, Section 3(2)
Patna High Court CR. APP (SJ) No.4620 of 2025(4) dt.19-03-2026
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(v) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for grant of bail to the
appellant has been rejected.
4. As per prosecution case, informant suspects that
this petitioner, along with other accused persons, killed his
father. Informant alleges that his father had love affair with this
appellant and she had lodged a case against father of informant
in which father of informant was behind the bar and on the basis
of compromise, father of informant came out of jail and as per
settlement, this appellant was given a new house but thereafter,
appellant and her sons started demanding Rs. 11,00,000/- and
also threatened to kill father of informant.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that informant is not eye witness to the occurrence and
only because of old dispute, a suspicion has been raised against
this appellant. During course of investigation, none of the
witnesses have claimed to have seen the occurrence or seen this
appellant committing the offence. From bare perusal of the
F.I.R. it is apparent that there is no allegation of abused by caste
Patna High Court CR. APP (SJ) No.4620 of 2025(4) dt.19-03-2026
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name against this appellant and as such, no case under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against this appellant. It is lastly
submitted that similarly situated co-accused persons have
already been granted bail by this Hon’ble Court vide order dated
05.03.2025 passed in Cr. Misc. No. 772 of 2025 and order dated
04.07.2025 passed in Cr. Misc. No. 30352 of 2025. Appellant is
a lady and having no criminal antecedents, she he is in custody
since 15.07.2024.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellant.
7. Considering the facts and circumstances of the
case, period of custody, claim based on parity and clean
antecedents of the appellant, this appeal is allowed and the
impugned order dated 26.08.2025 passed by the learned
Exclusive Special Judge, S.C./S.T. Act, Civil Court (Sadar)
Patna in connection with Special Case No. 71 of 2025 arising
out of Naubatpur P.S. Case No. 80 of 2024 is hereby set aside
with respect to this appellant only.
8. Accordingly, let the appellant, named above, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
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thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, S.C./S.T. Act,
Civil Court (Sadar), Patna in connection with Naubatpur P.S.
Case No. 80 of 2024
(Prabhat Kumar Singh, J)
shashank/-
U T
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