Patna High Court

Babiya Devi @ Pabiya Devi @ BabiyaversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

Babiya Devi sought anticipatory bail after being named in an FIR alleging her participation in the assault and murder of an informant's son under several sections of the B.N.S. The prosecution claimed all accused, including the petitioner, used deadly weapons, but the petitioner's counsel argued that the FIR contains no specific allegation against her and the post‑mortem report shows only one injury caused by co‑accused Rupesh Kumar. The petitioner highlighted her clean antecedents and the grant of anticipatory bail to a co‑accused, Vakil Kumar, in a similar case. The State opposed the bail. Considering the lack of direct allegation, the parity with the co‑accused, and her clean record, the Court allowed anticipatory bail subject to a bail bond and sureties under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite being named in the FIR
Whether the allegations against the petitioner are sufficient to deny bail

Legislation cited

B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
criminal law
murder
assault
bail
clean antecedents
post-mortem report
Section 482
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10346 of 2026
                      Arising Out of PS. Case No.-252 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Babiya Devi @ Pabiya Devi @ Babiya Wife of Balo Sharma Resident of
                 Village- Aadirampur, Ward No. 06, P.S.- Bhargama, Dist.- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ramesh Kumar Singh, Advocate
                 For the State           :        Mr. Aditya Narayan Singh 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 103(1) and 3(5) of the B.N.S..

                                3. As per prosecution case, all the F.I.R. named

                   accused persons, including this petitioner, assaulted the son of

                   informant by means of various deadly weapons as a result of

                   which, he died on the spot.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that specific accusation of assaulting son of informant
Patna High Court CR. MISC. No.10346 of 2026(2) dt.09-04-2026
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          with Farsa is against co-accused Rupesh Kumar and so far as

          this petitioner is concerned, there is absolutely no allegation of

          assault or any other overt act against her. Even as per post

          mortem report, doctor has found only one injury on the person

          of deceased which was caused by sharp-cut weapon, which is

          attributable to co-accused Rupesh Kumar. Thus, allegations

          levelled against this petitioner stands contradictory and falsified

          by the post mortem report. No other external injury was found

          on the person of deceased. It is further submitted that similarly

          situated co-accused person, namely Vakil Kumar, has already

          been granted privilege of anticipatory bail by this Hon’ble Court

          vide order dated 09.12.2025 passed in Cr. Misc. No. 85128 of

          2025. Petitioner is a lady and claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named
             Patna High Court CR. MISC. No.10346 of 2026(2) dt.09-04-2026
                                                         3/3




                       petitioner be enlarged 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 Judicial Magistrate - 1st Class,

                       Araria in connection with Bhargama P. S. Case No. 252 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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