Patna High Court
Gita Devi @ Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Given the serious and grave nature of the alleged acid attack and the existence of prima facie material, the court declined to grant regular bail.
Summary
The petitioner, Gita Devi, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly forcing a victim to drink acid. She applied for regular bail while in custody since 31 January 2026. The court examined the seriousness of the alleged offences and noted the presence of prima facie material linking her to the crime. Considering the grave nature of the alleged acid attack, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations were limited to the bail application and would not affect the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita, 2023 involving an acid attack.
- Whether the seriousness of the alleged offences and the existence of prima facie evidence justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 124(1), 126(2), 3(5), 351(3), 352
Subjects
- regular bail
- acid attack
- Bharatiya Nyaya Sanhita
- prima facie evidence
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19901 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- Mufassil District- Khagaria
======================================================
Gita Devi @ Geeta Devi Wife of Shashi Kumar @ Shashi Kumar Pandit @
Hiro Pandit @ Shashidhar Kumar Resident of Village- Badi Ranko Ward No.
36, P.S.- Muffasil, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Muffasil P.S. Case No. 127 of 2025 registered for the offence
under Sections 126(2), 115(2), 124(1), 109(1), 352, 351(3) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner, along with the other co-accused, is
alleged to have forced the victim to drink acid. During the
investigation, witnesses have supported the crime. The
petitioner is in custody since 31.01.2026.
4. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against the
petitioner indicating his involvement in the commission of the
Patna High Court CR. MISC. No.19901 of 2026(2) dt.01-04-2026
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offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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