Patna High Court
Chanchala Devi @ Guddi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted as the petitioners have a clean antecedent and no specific allegation against them in the FIR.
Summary
The petitioners, two women, were arrested on 18 September 2025 in connection with a murder case (FIR dated 25 April 2024) alleging that the informant's wife was killed by assault with lathi and danda. They were charged under IPC sections 341, 323, 302 and 120(B). The petitioners argued that they have a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific act attributed to them. The State opposed bail. The Court, noting the absence of specific allegations against the petitioners in the FIR and their clean record, granted bail subject to monetary surety and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order directed the lower court to release the petitioners on a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether bail should be granted to the petitioners charged with murder, assault and criminal conspiracy given the nature of the offences and the facts of the case.
Legislation cited
- Indian Penal Code — s. 120(B), 302, 323, 341
Subjects
- bail
- Indian Penal Code
- murder
- criminal conspiracy
- clean antecedent
- gender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30557 of 2026
Arising Out of PS. Case No.-152 Year-2024 Thana- PALIGANJ District- Patna
======================================================
1. Chanchala Devi @ Guddi Devi W/O Maya Paswan @ Nayanand Paswan @
Mayanand Paswan Village- Janpur, P.O-Janpur,P.S.- Sigori, District- Patna.
2. Basanti Devi W/O Dina Paswan Resident of Village- Lakhanipur, P.S.-
Paliganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Sewak Prasad, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr.Ram Sewak Prasad, learned counsel for
the petitioners and Mr.Ramchandra Sahni, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
18.09.2025 in connection with S.Tr. No. 170 of 2026 arising out
of Paliganj P.S. Case No.152 of 2024, F.I.R. dated 25.04.2024
registered for the offence punishable under Section 341, 323,
302, 120(B) of the Indian Penal Code.
3. As per FIR there is allegation against the petitioners
that the wife of the informant was killed by the petitioners and
others by assaulting her by means of lathi and danda.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.30557 of 2026(2) dt.05-05-2026
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submits that the petitioners have clean antecedent. Although the
petitioners are named in the FIR but from a bare perusal of the
FIR it appears that there is no specific allegation of any assault
or overt-act attributed against the petitioners rather there is
general and omnibus allegation against all the accused persons
including the petitioners and the petitioners are lady and the
police, after investigation, submitted chargesheet against the
petitioners and the petitioners are in custody since 18.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent and there is no specific allegation against them
in the FIR, 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
learned court of ADJ- II Danapur in connection with Paliganj
P.S. Case No.152 of 2024, with 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.
Patna High Court CR. MISC. No.30557 of 2026(2) dt.05-05-2026
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(II) If the petitioners tamper 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
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)
Nitesh/-
U T
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