Patna High Court
Bachhi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the confessional statement of the co‑accused was sufficient to justify refusal of relief.
Summary
Bachhi Devi sought anticipatory bail after learning that she might be arrested in a murder case registered under Section 96 of the B.N.S., later amended to include Sections 103(1), 238 and 3(5). The prosecution alleged that the minor daughter of an informant was missing and later found dead, based primarily on the confessional statement of Rohit Kumar, who is the petitioner’s son. The petitioner argued that she was not named in the FIR and that no material evidence besides the co‑accused’s confession linked her to the crime. The State opposed bail, contending that Rohit’s confession implicated the petitioner, her husband, and himself in the murder. The Court, after considering the investigation material and the confessional statement, rejected the petition for anticipatory bail, holding that the confession provided sufficient ground to deny relief.
Issues considered
- What is the appropriate standard for granting anticipatory bail when the only incriminating material is a co‑accused’s confessional statement?
- Does the absence of the petitioner’s name in the FIR preclude the grant of anticipatory bail?
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5), 96
Subjects
- anticipatory bail
- confessional statement
- murder
- FIR
- criminal procedure
- bail jurisprudence
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5675 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Bachhi Devi W/O Raj Mangal Mahto Resident of Village- Narwara, P.S.
Tariyani, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bhavesh Kumar, Advocate
For the State : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Section 96 of the
B.N.S. and later on, Sections 103(1), 238 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
26.04.2025, minor daughter of informant went missing and later
on, on the basis of confessional statement of co-accused person,
her dead body was found.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026
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committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during course of
investigation, merely on the basis of confessional statement of
co-accused Rohit Kumar, who happens to be son of this
petitioner. Save and except confessional statement, there is no
material on record to show the complicity of this petitioner in
the alleged offence. Petitioner is a lady and claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the petitioner
and submitted that the present F.I.R. was instituted under
Section 96 of the B.N.S. against unknown persons and during
investigation, one co-accused, namely Rohit Kumar, was
apprehended, who in his confessional statement clearly stated
that he, along with his father and this petitioner, committed
murder of daughter of informant by way of strangulating her
neck and buried her dead body in a ditch. The dead body was
recovered on the basis of confessional statement of co-accused
Rohit Kumar.
6. Considering the facts and circumstances of the
case, materials that have surfaced during course of investigation
Patna High Court CR. MISC. No.5675 of 2026(2) dt.04-02-2026
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and confessional statement of co-accused Rohit Kumar, the
prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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