Patna High Court
Shoshila Devi @ Shusila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 326(g), 329(4), 3(5), 352
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.