Patna High Court
Shubhavati Devi @ Subhavati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
Shubhavati Devi, a 62‑year‑old woman, was implicated in a murder case (PS‑Case No.33 of 2026) for allegedly instigating her son Basant Tiwari to kill an informant’s husband, who was shot dead. The FIR charges her under Sections 126(2), 109, 103(1), 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. She applied for anticipatory bail, claiming innocence and a clean record, while the State argued she had exhorted the killing and was uncooperative. The Patna High Court, after hearing counsel, declined to grant anticipatory bail, finding the allegations serious enough to warrant detention. However, the Court directed that if she surrenders within four weeks, the trial court must decide her surrender‑cum‑bail application on the merits the same day.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of instigating murder
- Whether the seriousness of the offences and alleged non‑cooperation justify denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 126(2), 3(5), 351(1), 352
Subjects
- anticipatory bail
- murder
- instigation
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36105 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Shubhavati Devi @ Subhavati Devi W/o Late Sushil Tiwari Resident of
Village- Babhnauli, P.S.- Ara Muffasil, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
A.P.P for the State.
3. The petitioner is apprehending arrest in connection
with Ara Mufassil P.S. Case No. 33 of 2026 lodged on
09.02.2026, for the offence punishable under Sections 126(2),
109, 103(1), 352, 351(1) & 3(5) of the Bharatiya Nyaya Sanhita
2023 and section 27 of the Arms Act, pending in the Court of
A.C.J.M.-VI, Bhojpur, Ara.
4. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner with
Patna High Court CR. MISC. No.36105 of 2026(2) dt.01-06-2026
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allegation that co-accused Basant Tiwari fired two shots at the
informant’s husband, due to which, he died on the spot and it
has also been alleged that the petitioner has instigated her son
Basant Tiwari to kill the informant’s husband.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and she has
been falsely implicated in this case. Counsel submits that only
allegation against the petitioner is that she has instigated her son
and she neither carried any weapon nor alleged to have
assaulted the deceased. He submits that the petitioner is a
female aged about 62 years. He further submits that the
petitioner has clean antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner has exhorted
her son Basant Tiwari to kill the informant’s husband and as per
the rejection order, it has come that the petitioner is also not
cooperating in investigation.
7. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
8. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
Patna High Court CR. MISC. No.36105 of 2026(2) dt.01-06-2026
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then in that case, the Trial Court is directed to pass order on her
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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