Patna High Court
Surbhita Kumari @ Soni KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is not entitled to regular bail as the alleged offences are of grave nature.
Summary
Surbhita Kumari, the wife of a deceased man, was arrested in connection with a murder case (PS Case No. 408 of 2025) alleging her involvement in a conspiracy to kill her husband, including hiring hired killers and making payments via UPI. She applied for regular bail, claiming innocence, a clean antecedent, and custody since 20‑09‑2025. The State opposed the bail, emphasizing the seriousness of the offences under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The Court, after hearing both sides, found the allegations grave and dismissed the bail application. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder‑conspiracy case under Sections 103(1) & 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- conspiracy
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6974 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Surbhita Kumari @ Soni Kumari Wife of Late Amod Kumar Resident of
Village- Mohadipur, P.S.- Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chiraiya P.S. Case No. 408 of 2025 registered for the offence
under Sections 103(1) & 3(5) of the B.N.S., 2023 and section 27
of the Arms Act.
3. Unknown criminals killed the decreased by
shooting. The petitioner is the wife of the deceased. She has
plotted with one Vikash for killing the deceased and hired the
services of Gautam Kumar and Ranjan Kumar @ Golu Patel.
Payment was made to them for killing the deceased and some
payment was made through UPI. The call details also shows that
the petitioner was in constant touch with the accused persons
Patna High Court CR. MISC. No.6974 of 2026(4) dt.09-04-2026
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who was hired to kill the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 20.09.2025 and has clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the gravity of offence as alleged
against the petitioner, the application for grant of regular bail is
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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