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Patna High Court

Mamta Devi @ Mamata DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Mamta Devi, the wife of a deceased man, was arrested in a murder case (PS Masaurhi Case No. 485 of 2025) and sought regular bail. The prosecution alleged that her husband was killed on the orders of several individuals and that she was involved in the crime, citing a confessional statement by an accused named Lucky who claimed an illicit relationship with her and joint participation in the killing. The petitioner’s counsel argued that she is the informant, has no prior criminal record, and was falsely implicated, emphasizing that no property has been recovered against her. The State opposed the bail application. Considering the circumstances, the court found no substantive ground to deny bail and ordered her release on a bail bond of Rs.10,000 with two sureties. The judgment thus granted regular bail to the petitioner.

Issues considered

  • Whether regular bail should be granted to the petitioner in a murder case involving alleged confession and sections of the BNS and Arms Act.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 103(2), 3(5), 351(2), 61(2)

Subjects

  • bail
  • regular bail
  • murder
  • confession
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13623 of 2026
                       Arising Out of PS. Case No.-485 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Mamta Devi @ Mamata Devi Wife of Late Rajesh Chaudhary R/O-
                 Rahmatganj, P.S.- Masaurhi, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(2),

                   61(2), 351(2) & 3(5) of the BNS and under Section 27 of the

                   Arms Act.

                                3.    The case of the prosecution, in short, is that the

                   petitioner who is the informant of this case has alleged that her

                   husband has been killed by shooters on the direction of Kundan

                   Chaudhary, Anuj Chaudhary, Niraj Chaudhary, Kanti Devi and

                   Munni Devi.

                                4. Learned counsel for the petitioner submits that

                   during course of investigation one Lucky was apprehended and

                   he has given his confessional statement and in his confessional
            Patna High Court CR. MISC. No.13623 of 2026(2) dt.12-03-2026
                                                        2/2




                      statement he has stated that as the petitioner was having illicit

                      relationship with Lucky, both have killed the deceased. The

                      petitioner has herself confessed the crime. Learned counsel for

                      the petitioner has submitted that there is nothing against the

                      petitioner. No recovery has been made from her; actually she is

                      the informant of this case and she has falsely been implicated by

                      Lucky. Learned counsel for the petitioner has submitted that the

                      petitioner is a lady having no criminal antecedent and she is in

                      judicial custody since 20.06.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Masaurhi P.S. Case No. 485 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Sessions Judge-II, Masaurhi, Patna.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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