Patna High Court
Shobha Devi @ Dejami DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Shobha Devi was arrested on 18 December 2025 in connection with a murder case (PS Case No. 642 of 2025) alleged under Sections 103(1) and 3(5) of the B.N.S., 2023. She contended that she has a clean antecedent and that the FIR contains only a general, omnibus allegation against all accused, with no specific act attributed to her. The State opposed bail, while her counsel argued that the lack of specific charges and her clean record warranted release. The Court examined the facts, noted the absence of any specific allegation against her, and considered her clean antecedent. Accordingly, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in the absence of specific allegations against her in the FIR
- Whether the accused's clean antecedent warrants bail despite the seriousness of the alleged offence
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- criminal procedure
- clean antecedent
- omnibus allegation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16622 of 2026
Arising Out of PS. Case No.-642 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Shobha Devi @ Dejami Devi W/O Arjun Yadav R/O Village- Ghormarwa,
P.S- Banjariya, District -East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioner and Mr. Nand Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.12.2025, in connection with Banjariya P.S. Case No. 642 of
2025, F.I.R. dated 17.12.2025 registered for the offences
punishable under Sections 103(1) and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he along
with other co-accused persons have committed murder of the
daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that although
the petitioner is named in the F.I.R. but there is no specific
allegation of any assault or overt act attributed against the
Patna High Court CR. MISC. No.16622 of 2026(2) dt.16-03-2026
2/3
petitioner rather there is general and omnibus allegation against
all the accused persons including the petitioner. Both the parties
are agnate to each other and in fact the deceased has committed
suicide herself and the petitioner is in custody since 18.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is no specific allegation of any assault or overt act against him
in the F.I.R., let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, East Champaran, Motihari
in connection with Banjariya P.S. Case No. 642 of 2025, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.16622 of 2026(2) dt.16-03-2026
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witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed her
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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