Patna High Court
Mahima KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
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
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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
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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
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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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