Patna High Court
Lato DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
Lato Devi, the mother‑in‑law of the deceased, was arrested on 28‑06‑2025 in connection with a murder case (PS No. 328 of 2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that she and co‑accused killed the informant’s daughter, but the FIR contained no specific allegation of assault against her and the informant was not an eye‑witness. During investigation it was recorded that the deceased had committed suicide, and the chargesheet reflected this finding. The petitioner, who has a clean antecedent, pleaded for bail, arguing false implication. The Additional Public Prosecutor opposed bail, but the court noted the lack of specific incriminating material and the suicide finding, and consequently granted bail on a Rs.10,000 bond with two sureties and several conditions regarding trial cooperation, non‑tampering of evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner in view of the absence of specific allegations of assault and the finding that the deceased committed suicide.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- suicide
- false implication
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76099 of 2025
Arising Out of PS. Case No.-328 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Lato Devi W/o - Late Madan Gop R/o Village- Mokimpur, P.O.- Kolawan,
Belchhi, P.S.- Chandi, District- Nalanda at Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Sanjay Kumar Pandey, learned counsel for
the petitioner as well as Mr. Rajendra Prasad Nat, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.06.025 in connection with Chandi P.S. Case No. 328 of 2025,
F.I.R. dated 27.06.2022 for the offences punishable under
Sections 103(1), 3(5) of the BNS,2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
killed his daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case and she has been made accused
only on the ground that she is the mother-in-law of the
Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026
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deceased. From bare perusal of the FIR it appears that there is
no specific allegation of assault or overt act against him rather
there is general and omnibus against all the accused persons
including the petitioner and informant is not the eye witness of
the alleged occurrence and it has come during investigation that
deceased has committed suicide herself which is recorded in
paragraph-24 of the case diary and police after investigation has
submitted chargesheet. The petitioner is in custody since
28.06.2025
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act against her and deceased has
committed suicide herself, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
1st, Hilsa, Nalanda in connection with Chandi P.S. Case No. 328
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.76099 of 2025(3) dt.21-01-2026
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and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his 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 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 order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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