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Patna High Court

Shoshila Devi @ Shusila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of specific allegations against the petitioners in the FIR, the Court granted bail subject to conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, two women who are wives of co‑accused persons, sought bail in connection with FIR No. 25 of 2026 alleging offences under the Bharatiya Nyaya Sanhita, 2023. The FIR, lodged three days after the incident, accuses a group of seven named and several unknown persons of assault, looting and arson, but makes no specific allegation against the petitioners. The petitioners argued that they were falsely implicated due to village enmity and that the FIR is vague and delayed. The State contended that the petitioners were part of the mob and that the FIR was timely. The Court held that, in the absence of any specific charge against the petitioners, they are entitled to bail, subject to a bond of ₹30,000 each and surrender within four weeks, invoking Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • The petitioners' entitlement to bail despite being named as wives of co‑accused persons.
  • Whether the three‑day delay in lodging the FIR warrants bail.
  • The adequacy of the FIR in specifically implicating the petitioners for the alleged offences.

Legislation cited

Subjects

  • bail
  • FIR delay
  • false implication
  • village enmity
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 42387 of 2026
                   Arising Out of PS. Case No.-25 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
           1.     Shoshila Devi @ Shusila Devi Wife of Binda Rai R/V- Jagirahan Barwa
                  Khurd, PS- Kundwa Cainpur, Dist -East Champaran
           2.    Rina Devi Wife of Arjun Kumar R/V- Jagirahan Barwa Khurd, PS- Kundwa
                 Cainpur, Dist -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Raj Singh, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners who apprehend arrest in connection

                   with Kundwa Chainpur P.S. Case No. 25 of 2026 lodged on

                   18.01.2026, for the offences punishable under sections 126(2),

                   115(2), 118(1), 329(4), 326(g), 117(2), 352, 109(1), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against seven named accused persons along with 10 to 12

                   unknown accused persons with allegation that they have

                   attacked at the house of the informant. It is further alleged that

                   the accused persons armed with deadly weapons, assaulted the
Patna High Court CR. MISC. No. 42387 of 2026(2) dt.08-07-2026
                                            2/3




          informant and his family members causing injuries, looted cash

          and jewellery and set the house on fire.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence and

          have falsely been implicated due to village enmity and land

          dispute. It is further submitted that the allegations against the

          petitioners are general and omnibus in nature and no specific

          overt act has been attributed to them. The petitioners have no

          criminal antecedent and nothing has been recovered from their

          conscious possession. Learned counsel further submits that the

          name of the petitioners being wife of the co-accused, have been

          inserted in this case only with a view to create pressure. He

          submits that FIR has been lodged with a delay of about three

          days.

                       5. Learned counsel for the informant opposes the

          prayer for bail and submits that there is no delay in lodging the

          FIR. He further submits that the fardbeyan was produced before

          the concerned Police Station on the same day of the occurrence,

          but it is the police who have registered the FIR with delay of

          three days. Moreover, the petitioners are member of mob.

                       6. Considering that the petitioners being wives of co-

          accused persons against whom there is allegation of assault and
          Patna High Court CR. MISC. No. 42387 of 2026(2) dt.08-07-2026
                                                      3/3




                    there is no specific allegation against the petitioners in the FIR,

                    let the above named petitioners be released on bail, in the event

                    of arrest or surrender before the Trial Court within a period of

                    four weeks from today, on furnishing bail bond of ₹30000/-

                    (thirty thousand) each as mentioned in Section 2(1) (d) of the

                    Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of

                    the learned S.D.J.M., East Champaran, Motihari, in connection

                    with Kundwa Chainpur P.S. Case No. 25 of 2026, subject to the

                    conditions as laid down under Section 482(2) of the Bharatiya

                    Nagrik Suraksha Sanhita, 2023.



                                                (Dr. Anshuman, J)
Manshi/Ashwini

U     T


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