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Patna High Court

KUNTI DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner Kunti Devi.

Summary

Kunti Devi, the wife of Ashok Manjhi, was arrested in connection with the murder of the husband of an informant, alleged to have been assaulted with lathi, danda and stones by a group of accused. The prosecution alleged that 27 FIRs named 10‑12 unknown persons and that the assault led to the victim’s death, charging her under multiple sections of the B.N.S. The petitioner claimed innocence, arguing that the accusation was general and omnibus, that co‑accused had already been granted bail, and that she had clean antecedents and had been in custody since 11‑08‑2025. The State opposed bail. Considering the lack of specific allegations against her, parity with co‑accused, her clean record and the period of custody, the Court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioner Kunti Devi is entitled to bail despite the serious nature of the charges and the general nature of the accusation.
  • Whether the principle of parity with co‑accused who were granted bail applies in this case.

Legislation cited

  • B.N.S. — s. 103, 109, 115, 126, 127, 190, 191, 352, 61, 74

Subjects

  • bail
  • criminal procedure
  • murder
  • general accusation
  • parity
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4928 of 2026
                           Arising Out of PS. Case No.-332 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 KUNTI DEVI Wife of Ashok Manjhi Resident of village - Azad Nagar, P.S.-
                 Atri, District - Gaya

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Shailesh Kumar, Advocate
                 For the State            :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 191(1), 191(3), 190, 126(2),

                   115(2), 74, 127(2), 109, 103(1), 61(2) and 352 of the B.N.S..

                                3. As per prosecution case, all 27 F.I.R. named and 10

                   to 12 unknown accused persons tied the hand of husband of

                   informant and assaulted him with lathi, danda and stones due to

                   which, he died.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence.

                   Allegation of assault is general and omnibus and no specific
             Patna High Court CR. MISC. No.4928 of 2026(2) dt.16-02-2026
                                                         2/2




                       accusation of overt act has been alleged against this petitioner.

                       Similarly situated co-accused persons have already been granted

                       bail by this Hon’ble Court vide order dated 26.11.2025 passed in

                       Cr. Misc. No. 80699 of 2025. Moreover, charge-sheet has

                       already been submitted. Petitioner is a lady and having clean

                       antecedents, she is in custody since 11.08.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity, clean antecedents of the petitioner and period of custody,

                       the prayer for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Additional Chief Judicial Magistrate-IV,

                       Gaya in connection with Atri P.S. Case No. 332 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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