Patna High Court
Sangeeta Kuwar @ Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Sangeeta Kuwar, sought bail in a case (Bikramganj P.S. Case No. 821 of 2025) involving alleged offences under Sections 103(1) and 3(5) of the BNS and Section 27 of the Arms Act. The prosecution alleged that co‑accused fired on the informant's husband, and the petitioner, the mother of two co‑accused, allegedly announced the victim's death at the scene. The petitioner claimed false implication, lack of any overt act of assault by her, and clean antecedents, having been in custody since 8 December 2025 with a charge sheet already filed. The State opposed bail. Considering the vague allegations, the charge sheet, and the period of custody, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under Sections 103(1), 3(5) of the BNS and Section 27 of the Arms Act
- Whether the allegations against the petitioner constitute a sufficient ground to deny bail under Section 480(3) of the BNSS
Legislation cited
- Arms Act — s. 27
- Bihar Non‑Statutory (BNS) — s. 103(1), 3(5)
- Bihar Non-Statutory (BNSS) — s. 480(3)
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30243 of 2026
Arising Out of PS. Case No.-821 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Sangeeta Kuwar @ Sangita Devi S/o- Late Jitendra Ray Resident of Baruna
P.S- Bikramganj, Dist- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bikramganj P.S. Case No. 821 of 2025,
registered for the offences under Sections 103(1), 3(5) of the
BNS and Section 27 of the Arms Act.
3. As per the prosecution case, coaccused persons
fired upon the husband of the informant and shot him dead. The
allegation against the petitioner is that she came to the spot
where the dead body was lying and said that the enemy has
died.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. From the FIR it is clear that it is a
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case of completely false implication. The prosecution story is
not believable. There is no allegation of any specific overt act of
assault against the petitioner who is the mother of coaccused
Ankit Rai and Neeraj Rai and for this reason she has been made
accused in this case. The petitioner has clean antecedent and she
is in custody since 08.12.2025 and charge sheet has been
submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioner
and also considering submission of charge sheet and period of
custody, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned CJM, Sasaram at Rohtas/concerned court,
in connection with Bikramganj P.S. Case No. 821 of 2025,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
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(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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