Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing her release on a bond with conditions, as the allegations were vague and no substantive evidence was presented.
Summary
Rubi Devi, the wife of a suspected arms supplier, was arrested in connection with a 2019 case involving alleged violations of the Arms Act, the Unlawful Activities (Prevention) Act and the Antiquities & Treasure Act. The prosecution’s case relied on the testimony of a co‑accused who claimed the petitioner received payment for a pistol and ammunition, but no substantive material was produced. The petitioner contended she was falsely implicated and highlighted that co‑accused had already been granted bail. The court noted the vague nature of the allegations, the filing of the charge sheet, and the petitioner’s prolonged custody, and consequently ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the Bail and Security of the State Act. The bail order also imposed attendance requirements and a provision for cancellation upon non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Arms Act, UAPA and Antiquities & Treasure Act.
- Whether the lack of substantive material against the petitioner justifies granting bail.
- Whether the conditions prescribed under Section 480(3) of the Bail and Security of the State Act are appropriate.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(i)(ii), 35
- Unlawful Activities (Prevention) Act — s. 18, 20, 22, 23
Subjects
- bail
- Arms Act
- UAPA
- Antiquities & Treasure Act
- criminal procedure
- evidence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1015 of 2026
Arising Out of PS. Case No.-41 Year-2019 Thana- LADAIYATAR District- Munger
======================================================
Rubi Devi W/o- Wilakchhan Kora @ Bilakshan Kora Resident of Village-
Gobardaha P.S- Chanan District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the State : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Laraiyatar P.S. Case No. 41 of 2019 registered
for the alleged offences under Sections 25(1-b)a/26(i)(ii)/35 of
the Arms Act, Sections 18, 20, 22, 23 of UAP Act and Section
25 of Antiquities & Treasure Act.
03. As per prosecution case, police received
information about other co-accused persons transporting the
firearms and ammunitions and suppling it to the extremists. To
investigate one such transportation, a raid was conducted and
co-accused Diwakar Saw was apprehended and 32 live
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cartridges and one empty cartridge were recovered from the
apprehended co-accused. The apprehended co-accused named
this petitioner and other co-accused persons from whom he used
to purchase arms and ammunitions. He also stated about
payment of Rs.1,50,000/- to this petitioner and her husband in
lieu of one 9 mm pistol, 40 rounds 9 mm cartridges and two
triggers.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The only allegation against the petitioner and three co-
accused persons is that they used to supplying firearms and
ammunitions to the extremists but no substantive material has
come on record to show this transaction. The petitioner has been
made accused in this case only on the ground that she is the wife
of one Wilakchhan Kora. Similarly placed co-accused Indradeo
Kora, Manoj Yadav and Sudhir Yadav have been granted bail by
this Court vide orders dated 23.01.2020, 05.02.2020 and
09.06.2020 passed in Cr. Misc. Nos. 4537 of 2020, 6661 of
2020 and 12881 of 2020, respectively. The petitioner is having
antecedent of one case in which she is on bail. The petitioner is
in custody since 03.07.2025 and charge sheet has been
submitted.
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05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation against the petitioner without any
substantive material and further considering the period of
custody of the petitioner and submission of charge sheet, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, Ist Class, Munger/concerned Court in
connection with Laraiyatar P.S. Case No. 41 of 2019, subject to
the conditions mentioned in Section 480(3) of B.N.S.S. and also
the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
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petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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