Patna High Court
Lilawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be granted due to the inordinate delay in trial and the extended period of pre‑trial detention.
Summary
The petitioner, Lilawati Devi, mother‑in‑law of the deceased, was arrested in connection with a case registered under Sections 103(1), 80(2) and 3(5) of the Bhartiya Nyaya Sanhita. She had been in custody since 7 September 2024 and only one witness had been examined, indicating a substantial delay in the trial. The petitioner filed a second bail application after the first was rejected on 5 May 2025. The court noted the inordinate delay and the length of pre‑trial detention as grounds to grant bail. Accordingly, the court ordered her release on bail of Rs.10,000 with two sureties, subject to her personal or lawyer‑through appearance at every trial date, and warned that non‑compliance would lead to cancellation of the bail bonds.
Issues considered
- Whether bail should be granted to the accused in view of the delay in trial and prolonged pre‑trial custody under Sections 103(1), 80(2) and 3(5) of the Bhartiya Nyaya Sanhita
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 80(2)
Subjects
- bail
- pre‑trial detention
- trial delay
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66345 of 2025
Arising Out of PS. Case No.-216 Year-2024 Thana- KARAHGAR District- Rohtas
======================================================
Lilawati Devi W/o Mahesh Sah Resident of Village- Barahari, PS- Kargahar
(OP Barhari), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dineshwar Pandey, Advocate
For the State : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Kargahar P.S.
Case No.216 of 2024, registered for the offences under Sections
103(1), 80(2) and 3(5) of the Bhartiya Nyaya Sanhita.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 05.05.2025 passed in Cr. Misc.
No. 26852 of 2025.
4. The petitioner is the mother-in-law of the deceased.
She is in custody since 07.09.2024.
5. It has been submitted by learned counsel for the
petitioner that the trial of the petitioner is delayed as in the trial
only one witness has been examined till date after framing of
Patna High Court CR. MISC. No.66345 of 2025(3) dt.10-02-2026
2/2
charge.
6. Considering the delay in the trial and the period of
custody of the petitioner, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub-Judge-XII-cum-A.C.J.M.-IV,Sasaram, Rohtas/ concerned
Court below in connection with Kargahar P.S. Case No. 216 of
2024.
8. As a condition of this order, the petitioner, after
being released on bail is directed to co-operate in the trial either
by appearing personally or through her lawyer in the trial Court
on each and every date fixed by the trial Court. Noncompliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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