Patna High Court
Shushila Devi @ Shyamful DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner’s advanced age, poor health, lack of prior record and the doubtful nature of the allegation warranted the grant of bail subject to conditions.
Summary
The petitioner, a 70‑year‑old woman suffering from asthma and joint pain, was arrested in connection with a murder arising out of a land dispute, alleged to have supplied cartridges used in the killing. She sought bail for offences under Sections 103(1), 3(5) of the BNS and Section 27 of the Arms Act. The State opposed bail, but the court noted her advanced age, frail health, clean antecedent, and the improbability of her involvement. Considering these factors, the court directed that she be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions including presence in court and a relative as a bailor. The bail order was made under Section 480(3) of the BNSS and other standard conditions.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 103(1), 3(5) of the BNS and Section 27 of the Arms Act.
- Whether the petitioner’s age, health condition, and clean antecedent justify the grant of bail.
- Whether the alleged act of supplying cartridges is sufficient to deny bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- Arms Act
- land dispute
- elderly accused
- health
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1379 of 2026
Arising Out of PS. Case No.-510 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Shushila Devi @ Shyamful Devi Wife of Kailsh Prasad @ Kailash Singh
Resident of Village- Phalahanwan, P.S.- Harnaut, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar, Adv.
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Harnaut P.S. Case No. 510 of 2025, registered
for the offences under Sections 103(1), 3(5) of the BNS and
Section 27 of the Arms Act.
3. As per the prosecution case, in the background of
land dispute, the co-accused Bhuwaneshwar Prasad shot dead
the husband of the informant. The allegation against the
petitioner is that she brought the cartridges which she handed
over to co-accused Rani Devi who in turn handed the same to
her husband and her sons.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
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in this case with false and concocted allegation. The petitioner is
a lady aged about 70 years and allegation against her is not
believable as the petitioner is unable to walk on her own and has
been suffering from Asthama and joint pain. Moreover the
specific allegation of firing is against co-accused
Bhuwaneshwar Prasad and the implication due to land dispute is
apparent from the FIR. The petitioner is having clean antecedent
and she is in custody since 11.11.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner is a lady aged about 70 years and further
considering the improbable nature of allegation against her, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned CJM, Nalanda at Bihar Sharif/concerned court, in
connection with Harnaut P.S. Case No. 510 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
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relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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