Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as there is no specific allegation of participation and the petitioners have clean antecedents.
Summary
Mamta Devi and Risti Kumari, the wife and daughter of co‑accused Sant Kumar Tiwari, were arrested on 18‑03‑2026 in connection with a case alleging they provided shelter to a criminal gang. They were charged under multiple sections of the Bharatiya Nyay Sanhita, 2023 and the Arms Act. Their counsel argued that they have clean antecedents and no specific allegation of participation, asserting that the charges are solely based on their familial relationship to the co‑accused. The Additional Public Prosecutor opposed bail. The High Court, noting the absence of any overt act attributed to the petitioners and their clean record, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order directs the lower court to verify their antecedents but not to delay bail on that ground.
Issues considered
- Whether the petitioners, merely being relatives of a co‑accused, can be detained without specific allegation of participation in the alleged offence.
- Whether the nature of the charges under the Bharatiya Nyay Sanhita and the Arms Act warrants denial of bail in the absence of concrete evidence against the petitioners.
- Whether the petitioners' clean antecedent and lack of overt act justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyay Sanhita — s. 103(1), 109(1), 121(1), 121(2), 132, 254, 310(4), 310(5), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- family members liability
- clean antecedent
- Bharatiya Nyay Sanhita
- Arms Act
- presumption of innocence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42663 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- CHAKIA District- East Champaran
======================================================
1. Mamta Devi W/o Sant Kumar Tiwari Resident of Village- Sihorwa, P.S.-
Chakia, District- East Champaran
2. Risti Kumari D/o Sant Kumar Tiwari Resident of Village- Sihorwa, P.S.-
Chakia, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Rajeev Ranjan, learned counsel for the
petitioners as well as Mr. Ram Bilash Roy Raman, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
18.03.2026 in connection with Chakia P.S. Case No. 116 of
2026, F.I.R. dated 17.03.2026 for the offences punishable under
Sections 109(1), 103(1), 61(2), 132, 254, 121(1), 121(2), 310(4),
310(5), 3(5) of the Bharatiya Nyay Sanhita, 2023 and 25(1-B)
(a), 26, 27, 35 of the Arms Act.
3. Allegation against the petitioners is that they
provided shelter to the notorious criminals, namely, Kundan
Thakur and his gang.
Patna High Court CR. MISC. No.42663 of 2026(2) dt.06-07-2026
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4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and have been falsely
implicated in the present case. He further submits that although
certain criminals were found present in the petitioners' house,
the petitioners had no role whatsoever in the alleged occurrence.
He further submits that the petitioners have been made accused
solely on the ground that they are the wife and daughter,
respectively, of the co-accused, Sant Kumar Tiwari, who was
also present in the said house and there is no specific allegation
attributing any overt act or criminal involvement against these
petitioners. The police after investigation submitted charge-
sheet against the petitioners and the petitioners are in custody
since 18.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioners have clean antecedent and they are
family members of co-accused, Sant Kumar Tiwari and there is
no specific allegation against them, let the petitioners, above
named, 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 Judicial Magistrate, First
Patna High Court CR. MISC. No.42663 of 2026(2) dt.06-07-2026
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Class, East Champaran, Motihari in connection with Chakia P.S.
Case No. 116 of 2026, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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