Patna High Court
Suganti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing her release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Suganti Devi, was arrested in connection with a case registered under sections 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, after a report that her son had been stabbed and she was seen fleeing the scene. She contended that she was falsely implicated, there were no eyewitnesses, and she had no prior criminal record, having been in custody since 7 December 2025. The co‑accused, Bipin Kumar Yadav, had already been released on bail. The State opposed the bail application, but the court considered the nature of the allegations, the lack of substantive evidence, the petitioner’s prolonged detention, and the earlier bail granted to the co‑accused. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 despite the allegations.
- Whether the lack of eyewitness testimony and the claim of false implication justify granting bail.
- Whether the prior bail granted to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- false implication
- Bhartiya Nyaya Sanhita
- section 103
- section 3(5)
- women accused
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28603 of 2026
Arising Out of PS. Case No.-667 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Suganti Devi W/o Krishna Rai R/o village- Bala Bhopatpur, Bhartiya, P.S-
Basantpur (Lakri Nabiganj OP), District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
Mr. Sahil Kasyap, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Basantpur (Lakri
Nabiganj O.P.) P.S. Case no.667 of 2025 registered under
sections 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that she received a telephone call from her son that she should
come immediately. On reaching the place, the informant states
that it transpired that her son had sustained knife injury. She saw
the four named accused persons including the petitioner herein
running from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner who is a lady has been falsely implicated in the case.
There is no eye witness to the occurrence. The allegations are
Patna High Court CR. MISC. No.28603 of 2026(4) dt.01-07-2026
2/2
general and omnibus in nature. Co-accused Bipin Kumar Yadav
has been enlarged on bail vide order dated 12.5.2026 passed in
Cr. Misc. no.31957 of 2026. The petitioner is in custody since
7.12.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation in the FIR, the
material that has transpired in course of investigation, the
petitioner who is a lady having remained in custody since
7.12.2025 and especially grant of bail to the co-accused Bipin
Kumar Yadav vide aforesaid order dated 12.5.2026, the
petitioner is directed to be enlarged on bail in connection with
Basantpur (Lakri Nabiganj) P.S. Case no.667 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Siwan.
(Partha Sarthy, J)
Shiv/-
U T
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