Patna High Court
Premlata KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appellant is entitled to bail; the lower court’s refusal is set aside and bail is granted with conditions.
Summary
The appellant, Premlata Kumari, daughter of co‑accused Arvind Rishidev, was implicated in a murder case (FIR dated 04‑09‑2023) under Sections 302, 120B/34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST Act. She sought regular bail under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, challenging the lower court’s refusal to grant bail. The prosecution opposed bail, while the appellant’s counsel argued she had a clean antecedent and was falsely implicated, noting that the principal accused Pandav Yadav had already been granted bail. The High Court examined the bail provisions of the SC/ST Act, the nature of the allegations against the appellant, and the need to ensure her cooperation in trial. The Court allowed the appeal, set aside the lower court’s order, and granted bail on a bond of Rs 10,000 with two sureties and specific conditions regarding trial attendance, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(ii) of the SC/ST Act despite the serious nature of the offences alleged.
- Whether the appellant’s alleged lack of direct involvement and clean antecedent justify bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(2)(v)
Subjects
- bail
- SC/ST Act
- Scheduled Caste
- Scheduled Tribe
- murder
- arms act
- false implication
- criminal antecedent
- Section 14(A)(ii)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5090 of 2025
Arising Out of PS. Case No.-366 Year-2023 Thana- MURLIGANJ District- Madhepura
======================================================
Premlata Kumari D/O Arvind Rishidev R/O Vill.- Chamgrad, P.S.- Murliganj,
Dist.- Madhepura.
... ... Appellant/s
Versus
1. The State of Bihar
2. Gunjan Devi W/O Late Arjun Rishidev R/O Vill.- Chamgarh, Ward no. 7,
P.S.- Murliganj, Dist.- Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Pooja Prasad, Advocate
For the State : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 08-04-2026 Heard Ms. Pooja Prasad, learned counsel appearing
for the appellant and Mr. Binay Krishna, learned Special
Public Prosecutor for the State.
2. Learned Special P.P. for the State has informed
this Court that he has informed the Respondent No. 2/Informant
about the present case but despite of that no one appears on
behalf of Respondent No. 2/Informant.
3. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
21.11.2025 passed by the learned District & Additional Sessions
Patna High Court CR. APP (SJ) No.5090 of 2025(4) dt.08-04-2026
2/4
Judge 1st cum Special Judge, SC/ST, Madhepura in connection
with SC/ST No. 104 of 2023 arising out of Murliganj P.S. Case
No. 366 of 2023, F.I.R. dated 04.09.2023 registered under
Sections 302, 120B/34 of the Indian Penal Code, Sections 27 of
the Arms Act and Sections 3(2)(v) of the SC/ST Act.
4. The prosecution case, in brief, is that Pandav Yadav
and his associates fired upon the husband of the informant on
the chest, namely, Arjun Rishideo, due to which he died.
5. Learned counsel for the appellant submits that the
appellant has clean antecedent and she has been falsely
implicated in the present case merely on the ground that she is
daughter of co-accused Arvind Rishideo. He further submits that
from perusal of the F.I.R. it appears that there is no specific
allegation of any assault or overt act against the appellant rather
there is specific allegation of firing is against co-accused
Pandav Yadav and the said Pandav Yadav has been granted bail
by a Coordinate Bench of this Court vide order dated
09.10.2025 passed in Cr. Appeal (SJ) No. 3066 of 2025. He
further submits that the police after investigation submitted
chargesheet against the appellant and the appellant is in custody
since 15.05.2025.
6. Learned Special Public Prosecutor for the State , on
Patna High Court CR. APP (SJ) No.5090 of 2025(4) dt.08-04-2026
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the other hand, vehemently opposed the prayer for bail of the
appellant.
7. Considering the facts and circumstances of the
case, let the appellant, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge 1 st cum Special Judge,
SC/ST, Madhepura in connection with Murliganj P.S. Case No.
366 of 2023, with the following conditions :-
(1) Appellant 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the appellant tampers 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 appellant and in case at any
stage, it is found that the appellant has concealed her criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
Patna High Court CR. APP (SJ) No.5090 of 2025(4) dt.08-04-2026
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bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
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