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Patna High Court

Neha KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Neha Kumari, was arrested in connection with a robbery case (Govindganj P.S. Case No. 280 of 2025) where the accused allegedly lured an informant and his friends, seized cash, a gold chain and a mobile phone. The prosecution alleged that the robbery was carried out by Chandan Singh and his associates, but did not specifically allege any involvement by the petitioner, who is a woman. The petitioner’s counsel argued that she was falsely implicated, has no alleged overt act, and possesses a clean antecedent, having been in custody since 23‑11‑2025. The State opposed bail. The court, considering the lack of specific allegations against the petitioner and the period of custody, ordered her release on regular bail subject to a bond of Rs.10,000 with two sureties and conditions of physical presence at trial. The order emphasizes that bail may be cancelled if the petitioner fails to appear for two consecutive dates without cause.

Issues considered

  • Whether the petitioner, Neha Kumari, is entitled to regular bail despite being charged under multiple sections of the Indian Penal Code.

Legislation cited

  • Indian Penal Code — s. 111(1), 303(2), 308(5), 318(4), 336(4), 340(1), 340(2), 61(2)

Subjects

  • regular bail
  • robbery
  • false implication
  • Indian Penal Code
  • criminal procedure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3652 of 2026
                      Arising Out of PS. Case No.-280 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
                 Neha Kumari W/O Praveen Kumar R/O Village- Madhopur Hazari, P.S-
                 Sahebganj, Distt.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Vaishnavi Singh
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Govindganj P.S. Case

                   No. 280 of 2025 registered for the offences punishable under

                   Sections 318(4), 303(2), 336(4), 340(1), 340(2), 308(5), 61(2)

                   and 111(1) of the BNS.

                                3. The prosecution case, in brief, is that on

                   26.10.2025, the informant received a telephone call from mobile

                   number 7371926776, wherein the caller introduced himself as

                   Chandan Singh. He offered to sell gold jewellery and called the

                   informant to Imilia Madhopur Hazari, Sahibganj, District

                   Muzaffarpur. Acting upon the inducement, the informant visited
Patna High Court CR. MISC. No.3652 of 2026(2) dt.28-01-2026
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          the place on 28.10.2025, where accused Chandan Singh showed

          him gold jewellery worth crores of rupees, thereby gaining his

          confidence. Subsequently, on 20.11.2025, the informant, along

          with his friends, carrying cash of Rs. 19,00,000/- went to

          purchase the jewellery by his Honda City car. It is alleged that

          co-accused Chandan Singh, deliberately misled the informant on

          multiple locations, under the false pretext of finalising the deal.

          Finally at Radhiya Road, co-accused Chandan Singh, met the

          informant and took him and his friends to the house of Amresh

          Pandey, falsely claiming it to be his own house. While engaging

          the informant in conversation co-accused Chandan Singh called

          his associates. On his call 7–8 associates arrived on

          motorcycles, surrounded the informant and his friends and

          forcibly robbed cash of Rs. 19,00,000/- a gold chain weighing

          about 25 grams, and iPhone 16 Pro Max of the informant and

          his freinds.

                       4.Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in the

          present case. It is contended that, even as per the prosecution

          version, the petitioner, who is a lady, is not alleged to be among

          the persons who lured the informant, offered to sell any house or

          gold ornaments, or participated in the alleged transaction. It is
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          further submitted that, according to the prosecution story itself,

          the informant allegedly met Chandan Singh, who took him to

          the house of Amresh Pandey, whereafter 7–8 unknown persons

          arrived on 3–4 motorcycles and allegedly robbed Rs.

          19,00,000/-, a mobile phone, and a gold chain. No specific overt

          act has been attributed against the petitioner, nor there is any

          allegation that any female person participated in the alleged

          occurrence. Petitioner being a lady is languishing in judicial

          custody since 23.11.2025 and a statement has been made in para

          3 of the bail petition that she has clean antecedent.

                       5. Learned A.P.P. appearing on behalf of the State has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Keeping in view the aforesaid facts and considering

          the period under custody, let the petitioner, above named, be

          released on bail after framing of charge on furnishing bail

          bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate -1, East Champaran, Motihari in connection

          with Govindganj P.S. Case No. 280 of 2025 subject to the

          following conditions :-

                       (i). Petitioner will remain physically present in trial on

          each and every date till the disposal of the case failing which, on
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                     two consecutive dates without reasonable cause, the bail bond of

                     the petitioner may be cancelled by the Trial Court.

                                  (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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