Created by Fuzzy Cloud

Patna High Court

Surbhita Kumari @ Soni KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.