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Patna High Court

Rubi DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1015 of 2026(2) dt.15-01-2026
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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.
Patna High Court CR. MISC. No.1015 of 2026(2) dt.15-01-2026
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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
            Patna High Court CR. MISC. No.1015 of 2026(2) dt.15-01-2026
                                                        4/4




                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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