Patna High Court
Babli KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that, given the petitioner’s prolonged detention and her undertaking to appear, bail could be granted with appropriate conditions.
Summary
The petitioner, Babli Kumari, was in custody since 2 May 2025 for alleged offences under Sections 317(4), 317(5) and 111 of the B.N.S., relating to a series of thefts. The petitioner sought bail, arguing that she had already suffered prolonged detention and would appear diligently in trial, offering that any breach could lead to cancellation of bail. The State opposed bail, citing her criminal antecedents and the seriousness of the offences. The court noted the petitioner’s extended custody, the assurance of an undertaking to appear, and the precedent of relief granted to a co‑accused, and therefore decided to grant bail with strict conditions. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and imposed conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 317(4), 317(5) and 111 of the B.N.S. considering the length of custody and alleged criminal antecedent.
- Whether the court can impose conditions such as surety, appearance obligations, and prohibition on tampering with witnesses while granting bail.
Legislation cited
- B.N.S. — s. 111, 317(4), 317(5)
Subjects
- bail
- criminal procedure
- custody
- sections 317
- section 111
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12607 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- PURNEA SADAR District- Purnia
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Babli Kumari W/o Prem Kumar, D/o Manoj Kumar Paswan @ Manoj Kumar
Mandal R/o Bhirkhi, ward no. 24, P.S.- Madhepura, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard Mr.Amit Kumar Singh, learned counsel for the
petitioner and Mr.Nirmal Kumar Sinha, learned APP for the
State.
2. The petitioner is in custody in connection with
Sadar P.S. Case No. 222 of 2025 for the offence punishable
under Sections 317(4), 317(5) and 111 of the B.N.S. lodged on
02.05.2025 by the informant, Anupam Raj.
3. As per the informant, a Police Officer stationed
with the Purnea Sadar Police Station, upon information that
Navin Kumar (petitioner herein) is involved in number of
thefts/house breakings, after constituting a team, apprehended
him. He made confession that alongwith his sister, Arti Kumari
who does the ‘recce’ of the houses alongwith Babli Kumari and
her husband, Prem Kumar have constituted a group who commit
theft. He also confessed to the theft that took place on
13.04.2025 at a house near Doon Public School and on
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18.04.2025 in another house behind the Bandhan Bank.
4. Earlier, the bail of the petitioner was rejected in Cr.
Misc. No. 50261 of 2025 vide an order dated 12.08.2025 and
this is a second attempt.
5. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 02.05.2025, if
granted bail, he shall be diligently appearing in trial and in case,
he is found indulge in any other criminal activity, the
prosecution can taken steps for cancellation of the present bail
bond, if granted relief.
6. Learned APP opposes the prayer for bail submitting
that she has criminal antecedent and there is recovery.
7. Learned counsel for the petitioner submits that she
has remained in custody since 02.05.2025.
8. Last submission is that Navin Kumar has been
extended relief in Cr. Misc. No. 542 of 2026 on 09.01.2026.
9. Considering submissions of the parties as also the
fact that she has remained in custody since 02.05.2025, an
undertaking has been given that she will be diligently appearing
in trial, in that background, this Court is inclined to extend her
the privilege of bail with conditions.
10. Let the petitioner be released on bail on furnishing
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bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned CJM, Purnea, in
connection with Sadar P.S. Case No. 222 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card etc)
to show her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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