Patna High Court
Puja DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a cash bond, a demand draft to the informant, and specific conditions under Section 438(2) of the CrPC.
Summary
Puja Devi was arrested in connection with a FIR alleging that she and her husband misused an informant's documents to obtain a loan of Rs.1,05,191 and threatened the informant's life, invoking sections 319(2), 318(4), 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner pleaded innocence, claiming the allegations were fabricated, and offered to repay the loan amount to the informant. The Additional Public Prosecutor raised no objection to the bail application. The Court, applying Section 438(2) of the Code of Criminal Procedure, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties and a demand draft of Rs.1,05,191 to the informant, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents and stipulated cancellation of bail for non‑compliance. The order effectively disposed of the petition by granting bail with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC despite the serious nature of the allegations under the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner’s willingness to pay the alleged loan amount influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 319(2), 3(5), 351(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
- false implication
- loan fraud
- threat to kill
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38749 of 2026
Arising Out of PS. Case No.-1136 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Puja Devi W/o Chandan Kumar R/o Village - Kahar Toli behind Sadar
Hospital, P.S. - Sadar Hajipur, Dist. Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-07-2026 Heard Mr. Kaushal Kishor, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Hajipur Town P.S. Case No. 1136 of 2025,
F.I.R. dated 16.09.2025 for the offences punishable under
Sections 319(2), 318(4), 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with her husband have misused the documents of the informant
and took a loan of Rs. 1,05,191/- in her name and also
threatened to kill her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and she has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
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fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. Learned counsel for the petitioner on instruction
fairly submits that the petitioner is ready to pay Rs. 1,05,191/- to
the informant.
6. The learned Additional Public Prosecutor has no
objection in this regard.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of her arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
CJM, Vaishali at Hajipur in connection with Hajipur Town P.S.
Case No. 1136 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioner shall furnish a demand draft of Rs.
1,05,191/- (Rs. One lakh five thousand one hundred and ninety
one) in favour of the informant, namely, Pinki Devi and the
same shall be deposited at the time of furnishing bail bond and
the learned Court below is directed to hand over the said
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demand draft to the informant or her representative.
ii. Petitioner 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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