Patna High Court
Savita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners on the condition of a bond and compliance with stipulated conditions.
Summary
Savita Devi and Lakhi Mahto were arrested in connection with a 2019 kidnapping case (PS Turkauliya, Case No.889) and charged under several IPC sections including kidnapping, assault, murder and conspiracy. They have been in custody since 23 Oct 2025 and contend that the FIR is fabricated, they have no prior criminal record and there is no specific material linking them to the crime. The prosecution opposed bail, arguing the seriousness of the offences. The Court noted the petitioners’ clean antecedent, the lack of specific evidence, and the fact that similarly situated co‑accused had previously been granted bail. Accordingly, the Court ordered their release on bail with a Rs 10,000 bond and conditions regarding cooperation, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to accused charged with kidnapping, murder and related offences in the absence of specific incriminating material.
- Whether the presence of general allegations and the seriousness of the offences preclude bail when the accused have a clean antecedent.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 363, 364, 365
Subjects
- bail
- kidnapping
- IPC sections
- clean antecedent
- high court
- criminal miscellaneous
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18352 of 2026
Arising Out of PS. Case No.-889 Year-2019 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Savita Devi Son of Chandan mahto Resident of Village - Fulwar Gamariya,
P.S. - Banjaria, Dist. - East Champaran.
2. Lakhi Mahto @ Lucky Mahto Son of Chandan Mahto Resident of Village -
Fulwar Gamariya, P.S. - Banjaria, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioners and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
23.10.2025 in connection with Turkauliya (Banjaria) P.S. Case
No. 889 of 2019, F.I.R. dated 13.12.2019 for the offences
punishable under Sections 363, 365 and 34 of the IPC and later
on Sections 364, 302, 201 and 120B of the IPC were added.
3. According to prosecution case, this informant
suspects that his minor daughter aged about 5 years has been
kidnapped by the accused persons including these petitioners.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.18352 of 2026(2) dt.24-03-2026
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petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R it appears that the name of the petitioners have been
transpired merely on the basis of suspicion and except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioners in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioners.
He further submits that for the same set of allegations the
similarly situated, co-accused, namely, Chandan Mahto has been
granted bail by Co-ordinate Bench of this Court vide order dated
12.11.2020 passed in Cr. Misc. No. 29844 of 2020 and another
co-accused, namely, Kameshwar Mahto has also been granted
bail by a Co-ordinate Bench of this Court vide order dated
28.10.2024 passed in Cr. Misc. No. 60338 of 2024. The
petitioners are in custody since 23.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
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allegation against the petitioners rather there is general and
omnibus allegation against them and similarly situated co-
accused persons have been granted bail by a Co-ordinate Bench
of this Court, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Motihari, East
Champaran in connection with Turkauliya (Banjariya) P.S. Case
No. 889 of 2019, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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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)
Vanisha/-
U T
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