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Patna High Court

SUGANTI DEVI @ SYANTI DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Suganti Devi, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that she participated in an assault that led to the death of the informant's wife. The prosecution’s case identifies co‑accused Amit Kumar Singh and Munna Singh as the primary perpetrators, while the petitioner’s name appears only in the FIR without any specific allegation. The post‑mortem report has not established the cause of death, and the petitioner has been in custody since 20‑12‑2025 with no prior criminal record. The petitioner’s counsel argued that she was falsely implicated and therefore entitled to bail. The State opposed bail, but the court, after considering the lack of direct evidence against her and the pending forensic report, ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriate bail decision for a petitioner named in an FIR but not specifically alleged to have committed the offence under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault causing death
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 3
  • presumption of innocence
  • post‑mortem report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15342 of 2026
                          Arising Out of PS. Case No.-314 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Suganti Devi @ Syanti Devi, W/o Bhrigunath Singh, R/o vill - Piyano, P.S.-
                 Kopa, Distt.- Saran at Chapra
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar Tiwary, Adv.
                 For the Opposite Party/s :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

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

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Kopa P.S.

                   Case No. 314 of 2025 dated 19.12.2025 registered for the offence

                   punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

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

                   along with other accused persons had assaulted the wife of the

                   informant with lathi and danda due to which she sustained injury

                   leading to her death.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   It is submitted that there is no allegation against the petitioner,

                   only her name has been mentioned in the F.I.R.. There is specific

                   allegation against co-accused Amit Kumar Singh and Munna

                   Singh, who dragged the wife of the informant and pushed her on

                   the ground due to which she died on the spot. As per the impugned
            Patna High Court CR. MISC. No.15342 of 2026(2) dt.12-03-2026
                                                        2/2




                      order, the learned Additional Sessions Judge-VI has observed that

                      from perusal of post-mortem report it transpires that the cause of

                      death has not been ascertained and viscera report has been sent to

                      F.S.L. The petitioner is in custody since 20.12.2025, having no

                      criminal antecedent and charge-sheet has been submitted in the

                      case.

                                   5. Learned A.P.P for the State opposes the prayer for

                      bail of the petitioner.

                                   6. Having considered the facts and circumstances of the

                      case and submissions of learned counsel for the parties, let the

                      petitioner be released on bail upon furnishing bail bonds of Rs.

                      10,000/- (ten thousand) with two sureties of the like amount each

                      to the satisfaction of the learned J.M.-Ist Class, Saran at Chapra in

                      connection with Kopa P.S. Case No. 314 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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