Patna High Court
Seema DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Seema Devi, was implicated in FIR No.240 of 2025 for alleged conspiracy to murder under Sections 103(1), 61(2), 3(5) of the Bihar Negotiable Substances Act, 2023 and Section 27 of the Arms Act. She contended that she has a clean antecedent, no overt act or assault is alleged against her, and that the case is a false implication stemming from a prior complaint she lodged against the informant. The State opposed her bail, arguing the seriousness of the charges. The Court, noting the absence of specific allegations of an overt act and the petitioner’s clean record, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and non‑tampering with evidence. The order directed that bail should not be delayed for verification of antecedents and provided for cancellation of bail on non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner under Section 438 CrPC/Section 482 BNSS, 2023 in view of the alleged conspiracy charges.
- Whether the FIR contains sufficient specific allegations of an overt act against the petitioner to deny bail.
- Whether the petitioner poses a risk of flight, evidence tampering, or non‑cooperation with the trial.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- conspiracy
- murder
- false implication
- clean antecedent
- Section 438 CrPC
- Arms Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6915 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- BIKRAM District- Patna
======================================================
Seema Devi Wife of Late Dharmendra Paswan Resident of Village- Faridpur
Bhaghakol, P.S.- Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N.Shahi, Sr.Advocate
: Mr.Lokesh Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. P.N.Shahi, learned senior counsel
appearing for the petitioner, learned counsel for the informant
and Mr.Nand Kishore Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Bikram P.S.Case No.240 of 2025,FIR dated
10.06.2025 registered for the offences punishable under
Sections 103(1),61(2),3(5) of BNS,2023 and Section 27 of
Arms Act.
3. As per FIR, petitioner is a main conspirator of
commission of murder of Sonu Kumar and Raushan Kumar.
4. Learned counsel for the petitioner submits that
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the petitioner has clean antecedent. She has falsely been
implicated in the present case. Further submits that from a
bare perusal of the FIR it appears that there is no specific
allegation of any assault, overt-act or firing attributed against
the petitioner rather allegation against the petitioner is that he
conspired the present case and due to her activity the present
occurrence has taken place. Learned counsel for the petitoner
submits that in fact the petitioner has lodged the Bikram
P.S.Case No. 313 of 2022 against the informant and her
family members for murder of her husband and for that reason
the petitioner has falsely been implicated in the present case,
apart from aforesaid, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, in the event
of her arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs.10,000 (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-VI or the concerned Judicial
Magistrate, Danapur, Patna in connection with Bikram
P.S.Case No.240 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions:-
(I) Petitioner 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 his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers 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 petitioner and in
case at any stage, it is found that the petitioner has concealed
his/her criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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