Patna High Court
Indu Devi @ Indu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioners are entitled to bail and may be released upon furnishing the prescribed bond and sureties.
Summary
The petitioners, four women from Lala Atimi village, were charged in a case involving assault with lathi and danda and the alleged firing of a pistol that resulted in the death of an informant's husband. They were accused under Sections 191(2), 191(3), 190, 103, 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioners contended that they were falsely implicated, that the FIR did not specifically allege firing by them, that the firearm was recovered from another accused, and that there were no external injuries consistent with a blunt‑weapon assault. The State opposed bail, citing the seriousness of the offences. After considering the submissions and the lack of specific incriminating evidence against the petitioners, the Court ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to bail despite being charged with serious offences including homicide and illegal possession of a firearm.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 190, 191(2), 191(3), 61(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- Arms Act
- Bharatiya Nyaya Sanhita
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15338 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Indu Devi @ Indu Singh, W/o Lal Babu Singh, R/o Village- Lala Atimi, P.S-
Nasariganj, District- Rohtas.
2. Usha Devi, W/o Hajari Singh, R/o Village- Lala Atimi, P.S- Nasariganj,
District- Rohtas.
3. Mamta Kumari, D/o Vinay Singh, R/o Village- Lala Atimi, P.S- Nasariganj,
District- Rohtas.
4. Ram Dulari Devi, W/o Late Mahendra Singh, R/o Village- Lala Atimi, P.S-
Nasariganj, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kant, Adv.
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Nasariganj
P.S. Case No. 453 of 2025 dated 27.12.2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 103,
61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of
the Arms Act.
3. The prosecution case, in short, is that the petitioners
along with other accused persons assaulted the informant and
her husband with lathi, danda and fired with pistol due to which
Patna High Court CR. MISC. No.15338 of 2026(2) dt.12-03-2026
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a bullet hit the stomach of the husband of the informant and he
sustained fire arm injury leading to his death.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that there is specific allegation against the
petitioners that they assaulted with lathi and danda on the head
of the informant and her husband. It is submitted that the F.I.R.
has been lodged against 20 known persons and one unknown
person. The allegation of firing is not specific against any
accused. It is further submitted that the doctor has opined the
cause of death by fire arm injury. There is no external injury
with regard to hard and blunt substance. The fire arm was
recovered from the house of co-accused Manoj Singh. All the
four petitioners are ladies. The petitioners are in custody since
28.12.2025, having no criminal antecedents and charge-sheet
has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.15338 of 2026(2) dt.12-03-2026
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amount each to the satisfaction of the learned S.D.J.M.,
Bikramganj, Rohtas in connection with Nasariganj P.S. Case
No. 453 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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