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Patna High Court

Babli KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.12607 of 2026(2) dt.25-02-2026
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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
           Patna High Court CR. MISC. No.12607 of 2026(2) dt.25-02-2026
                                                       3/3




                     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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