Patna High Court
SUGANTI DEVI @ SYANTI DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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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