Patna High Court
Shanti Devi @ Guddi DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shanti Devi, the step‑mother of the deceased, was charged with murder under Section 103(1) of the Bihar Negotiable Substances Act for allegedly poisoning the child. The prosecution alleged that she administered poison, while the defence highlighted that the deceased’s mother had died when the child was 1.5 years old and that Shanti Devi had cared for the child thereafter. The post‑mortem report showed no external injuries and the police charge‑sheet was filed under Section 108 of the same Act. The petitioner, a woman with a clean antecedent, had been in custody since 25‑12‑2025 and sought regular bail. The court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties, directing release pending trial.
Issues considered
- Whether regular bail can be granted to an accused in a murder case under Section 103(1) of the Bihar Negotiable Substances Act.
Subjects
- bail
- murder
- poison
- regular bail
- Section 103
- Section 108
- Bihar Negotiable Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17287 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- GORADIH District- Bhagalpur
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Shanti Devi @ Guddi Devi Wife of Kashi Mandal Resident of Village-
Gachiya, P.S.- Dhoraiya, District- Banka at present resides at Champachak,
Kasimpur, P.S.- Goradih, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swapnil Kumar Singh
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 04-05-2026 Heard learned counsel for the parties.
2 The petitioner seeks regular bail in a case registered
for the offence punishable under Section 103 (1) of the BNS.
3 The prosecution case, in short, is that the petitioner,
who is step mother of the deceased, has committed murder of
the deceased by administering poison.
4 Learned counsel for the petitioner submits that the
mother of the deceased has died when she was one and half
years old and after that, the petitioner has looked after her.
Learned counsel for the petitioner further submitted that during
the course of investigation, the witnesses have stated that there
has been oral altercation between the deceased and the
petitioner and that the deceased has consumed poison. Learned
Patna High Court CR. MISC. No.17287 of 2026(3) dt.04-05-2026
2/2
counsel for the petitioner has also submitted that after
investigation, police has submitted charge sheet under Section
108 of the BNSS and from perusal of the post mortem report
also, it would transpire that no any injury was found on the
person of the deceased. It is further submitted that the petitioner
is a lady and is in custody since 25.12.2025 having clean
antecedent.
5 Learned APP appearing for the State has
vehemently opposed the prayer for bail.
6 Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 01st Class, Bhagalpur
in Goradih PS Case No 145 of 2025.
(Ashok Kumar Pandey, J)
M.E.H./-
U T
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