Patna High Court
Sangita Devi @ Sabita Devi @ Sangeet Devi @ Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellant.
Summary
The appellant, Sangita Devi, was charged with murder, attempt to murder, abetment, and offences under the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly helping conceal a dead body. She contended that she was falsely implicated, that the primary accusations of firing were against others, and that no specific allegation or caste-based insult was made against her. The Special Judge had rejected her bail application, leading her to appeal before the Patna High Court. The High Court, noting the lack of direct evidence against her and considering her gender, set aside the lower court's order and granted bail on the condition of a Rs.10,000 bond with two sureties. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether the appellant is entitled to bail despite the serious charges under the IPC, Arms Act and SC/ST Act.
- Whether the allegations against the appellant satisfy the requirements of an offence under Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
- Whether the evidence presented is sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 17, 25(9), 27
- Indian Penal Code — s. 120(B), 201, 302, 307, 336, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- bail
- SC/ST Act
- IPC
- Arms Act
- murder
- conspiracy
- gender
- concealment of body
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.52 of 2026
Arising Out of PS. Case No.-280 Year-2023 Thana- PAKRIDAYAL District- East Champaran
======================================================
Sangita Devi @ Sabita Devi @ Sangeet Devi @ Sangeeta Devi wife of
Akhilesh Paswan @ Kamlesh Paswan @ Kaulesh Paswan Resident of village-
Sisahni, P.S.-Pakaridayal District- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sunita Devi Wife of Jai Kishore Paswan Resident of village- Sisahni, Ward
No.- 15, P.S.-Pakaridayal District-East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Shashwat, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. PP
Ms. Deepali Singh
Mr. Kumar Vikram
Ms. Abhilasha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and the learned counsel
for the informant.
2. The present appeal has been filed by the appellant
against the order dated 22.11.2025 passed by the Special Judge,
SC/ST Act, East Champaran, Motihari, in Pakridayal P.S. Case
No. 280 of 2023, registered under Sections 302, 307, 336, 201,
120(B) and 34 of the Indian Penal Code and 17/25(9) and 27 of
the Arms Act and Section 3(2)(va) of the SC/ST Act, by which
the prayer for bail of the appellant was rejected.
Patna High Court CR. APP (SJ) No.52 of 2026(3) dt.02-04-2026
2/3
3. The allegation against the petitioner is that she
along with other co-accused helped in concealing the dead body
of the deceased wrapped with blanket in a field.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. It is further submitted that main allegation of firing is
against Prabhakar Paswan and Bhoolar Shah @ Amit. There is
no specific or direct allegation of any overt act against the
appellant. The appellant did not publicly mention the caste of
the informant; hence, no offence under the provisions of the
SC/ST Act is made out against him. He had no intention of
disgracing the informant in public. It is also submitted that the
appellant is in custody since 16.10.2025 and has clean
antecedent.
5. Learned Spl. P.P. for the State and the learned
counsel for the informant have opposed the grant of bail.
6. Considering the facts and circumstances of the
case, the allegation against the petitioner and the fact that the
appellant is a woman, the appeal is allowed. Consequently, the
order dated 22.11.2025 passed by the Special Judge, SC/ST Act,
East Champaran, Motihari, in Pakridayal P.S. Case No. 280 of
2023 is hereby set aside.
Patna High Court CR. APP (SJ) No.52 of 2026(3) dt.02-04-2026
3/3
7. Accordingly, the appellant is directed to be released
on bail upon furnishing a bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Pakaridayal P.S.
Case No. 280 of 2023.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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