Patna High Court
Nagmani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail should be granted as there was no material evidence against the petitioner and only suspicion of involvement.
Summary
Nagmani Devi was arrested in connection with a murder case (Gopalpur P.S. Case No. 89 of 2025) under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she participated in the killing, but the petitioner contended that there was no material evidence linking her to the offence and that she had been in custody since 14‑11‑2025 on mere suspicion. The State opposed the bail application, while the petitioner’s counsel argued for her innocence and the lack of evidentiary basis for continued detention. The Patna High Court, after considering the circumstances, allowed the regular bail application, directing that she be released on a bail bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- What is the appropriate standard for granting regular bail in a murder case under the Bharatiya Nyaya Sanhita, 2023 when only suspicion exists?
- Whether the absence of material evidence against the petitioner justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3(5)
- Patna High Court
- West Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15493 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
Nagmani Devi W/o Late Baleshwar Sah R/o Village - Gahawa Tola, P.S -
Gopalpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gopalpur P.S. Case No. 89 of 2025 registered for the offence
under Section(s) 103, & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner, who is a
woman, is suspected of participating in the killing of the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.11.2025. He further submits
that apart from suspicion, there is no material evidence against
her to connect with the crime.
Patna High Court CR. MISC. No.15493 of 2026(2) dt.16-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Gopalpur P.S. Case
No. 89 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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