Patna High Court

Rubi DeviversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that pre‑arrest bail could not be granted due to the seriousness of the alleged offences and the petitioner’s alleged participation.

Summary

Rubi Devi, the petitioner, filed a pre‑arrest bail application in a criminal case (No. 218 of 2024) where she is alleged to have participated in a knife assault that caused the death of the informant's father, offences charged under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The court examined the seriousness of the allegations, the nature of the offence and the surrounding circumstances. Considering the gravity of the charges and the alleged involvement of the petitioner as an assailant, the court found no sufficient ground to grant bail before arrest. Consequently, the petition for pre‑arrest bail was rejected. The order was delivered by Justice Prabhat Kumar Singh.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged murder‑related offences under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 3(5)

Subjects

pre‑arrest bail
criminal law
Bharatiya Nyaya Sanhita
murder
assault
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7428 of 2026
                 Arising Out of PS. Case No.-218 Year-2024 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Rubi Devi Wife of Sanjay Rai Resident of Dostiah, P.O. - Barwa, P.S. -
                 Lakhaura, Dist. - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhanshu Prakash, Advocate
                 For the Opposite Party/s :      Mr. Suman Kumari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in Lakhaura P. S. Case
                   No. 218 of 2024 registered for the offences punishable under
                   sections 103 (1) and 3 (5) of the Bharatiya Nyaya Sanhita.
                                3. As per F.I.R., petitioner is one of the assailants of
                   the deceased and she along with other co-accused persons
                   assaulted father of informant (deceased) by means of knife as a
                   result of which, he died.
                                4. Considering the nature of accusation and gravity of
                   offence and other circumstances of the case, prayer for pre-
                   arrest bail of the petitioner is rejected.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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