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Patna High Court

Shobha Devi @ Dejami DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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