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Patna High Court

Mahima KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioner subject to strict conditions.

Summary

Mahima Kumari was arrested in connection with a murder case (Bagaha P.S. Case No. 226 of 2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR did not originally name her, but during investigation she allegedly made a confessional statement and was linked to the crime through the statements of co‑accused Dilsher Ali and Bhulai Miyan, who were also charged with the homicide. Arms and ammunition were recovered from her residence, leading to a separate case (Bagaha P.S. Case No. 227 of 2025). The petitioner sought bail, arguing innocence and lack of specific allegation, while the prosecution highlighted her confession and the seizure of weapons. The court, noting that the petitioner is a woman and that no direct allegation beyond the confession existed, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering of evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite her alleged confession and recovery of arms from her premises
  • Whether the seriousness of the offences under the Bihar Narcotic Substances Act, 2023 warrants denial of bail
  • Whether the petitioner’s gender and lack of a direct FIR allegation affect the bail decision

Legislation cited

Subjects

  • bail
  • murder
  • confession
  • arms seizure
  • co‑accused
  • gender
  • criminal antecedent
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11658 of 2026
                   Arising Out of PS. Case No.-226 Year-2025 Thana- BAGHA District- West Champaran
                 ======================================================
                 Mahima Kumari W/O Late Ram Lakhan Kushwaha R/O Village- Chandi
                 Sthan Malahi Tola, P.S- Bagaha, Distt.- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Milind Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 For the Informant        :      Mr. Prithvi Nath Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-04-2026                  Heard Mr. Milind Kumar Mishra, learned counsel for

                   the petitioner, Mr. Prithvi Nath Mishra, learned counsel for the

                   informant and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.09.2025 in connection with Bagaha P.S. Case No. 226 of

                   2025, F.I.R. dated 14.08.2025 for the offences punishable under

                   Sections 103(1) and 3(5) of the BNS, 2023.

                               3.     According to prosecution case, the informant

                   alleged that his brother has been killed by some unknown

                   persons by means of deadly weapons.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and she has falsely been implicated in the
Patna High Court CR. MISC. No.11658 of 2026(3) dt.30-04-2026
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          present case. It appears from the FIR that the petitioner is not

          named in the FIR and her name has been transpired during

          investigation. Thereafter, the petitioner has herself confessed her

          guilt in the present occurrence. It appears from the confessional

          statement of the petitioner as well as of other accused persons

          that co-accused Disher Ali has assaulted over the head of the

          deceased by means of iron rod and co-accused Bhulai Miyan

          has cut the neck of the deceased and thereafter, the petitioner

          has also assaulted the deceasesd after his death by means of iron

          rod. He further submits that it appears from the FIR that the

          specific allegation is against the co-accused persons, namely,

          Dilsher Ali and Bhulai Miyan and except the confessional

          statement of the petitioner as well as of co-accused, nothing has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 02.09.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner has herself confessed her guilt in the present

          occurrence. Apart from that the arms and ammunition have been
Patna High Court CR. MISC. No.11658 of 2026(3) dt.30-04-2026
                                            3/4




          recovered from the room of the petitioner for which a separate

          case bearing Bagaha P.S. Case No. 227 of 2025 was instituted.

          Learned counsel for the informant further submits that regular

          bail application of the co-accused, namely, Dilsher Ali has been

          rejected by this Court vide order dated 10.04.2026 passed in Cr.

          Misc. No. 12615 of 2026 and bail application of co-accused,

          namely, Bhulai Miyan has also been rejected by this Court vide

          order dated 30.03.2026 passed in Cr. Misc. No. 85991 of 2025.

                       6. Considering the aforesaid facts and circumstances

          and taking into consideration the fact that the petitioner is a lady

          and there is no specific allegation against her, let the petitioner,

          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 the learned ACJM 1st, Bagaha West

          Champaran in connection with Bagaha P.S. Case No. 226 of

          2025, subject to the following conditions:-

                       i. Petitioner 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.

                       ii. If the petitioner tampers with the evidence or the
            Patna High Court CR. MISC. No.11658 of 2026(3) dt.30-04-2026
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                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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