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Patna High Court

Guria DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and the conditions imposed.

Summary

Guria Devi was arrested in connection with a murder case (Singhaul P.S. Case No. 112 of 2025) and charged under Sections 351(3), 103(1) and 61(2) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that she called the informant’s son, who was later killed by co‑accused, and claimed she had confessed to the police. The petitioner contended she had a clean antecedent, was falsely implicated and that the FIR was fabricated. The court examined the material, the alleged confession and the seriousness of the offences, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail order was conditioned on verification of her criminal antecedent and compliance with court directives.

Issues considered

  • Whether bail can be granted to a person accused of offences under Sections 351(3), 103(1) and 61(2) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the alleged confession and the nature of the alleged murder offence preclude the grant of bail.
  • Whether the petitioner’s claim of false implication and clean antecedent justify bail despite the prosecution’s opposition.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Section 351
  • Section 103
  • Section 61
  • false implication
  • confession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76436 of 2025
                       Arising Out of PS. Case No.-112 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Guria Devi Wife of Ajay Ram @ Ajay Mochi Resident of village rachiyahi
                 Dhobi Tola, P.S.- Singhaul, District - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Randhir Kumar No 1, Advocate
                 For the Opposite Party/s :         Mr. Tarun Prasad Mandal, APP
                 For the Informant        :         Mr. Prasoon Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                      Heard Mr. Randhir Kumar No 1, learned counsel for

                   the petitioner, Mr. Prasoon Kumar, learned counsel for the

                   Informant as well as Mr. Tarun Prasad Mandal,                               learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.06.2024 in connection with Singhaul P.S. Case No. 112 of

                   2025, F.I.R. dated 28.06.2025 for the offences punishable under

                   Sections 351(3), 103(1), 61(2) of the Bharatiya Nyay Sanhita,

                   2023.

                               3.     According to prosecution case, the informant

                   alleged that the petitioner along with other co-accused persons

                   killed his son.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.76436 of 2025(3) dt.21-01-2026
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          petitioner has clean antecedent and she has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the

          F.I.R. As per allegation in the FIR the petitioner had called the

          son of the informant and later on, son of the informant was

          killed by the petitioner and other co-accused persons. Although

          the petitioner is named in the FIR but it has come during

          investigation, which is recorded in paragraph-31, 32 and 59 of

          the case diary that the petitioner had only called the informant’s

          son and he was killed by other accused persons and police after

          investigation has submitted charge-sheet. The petitioner is in

          custody since 30.06.2025.

                      5. Learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner and submits that the petitioner

          has confessed her guilt before the police and stated that she had

          called the son of the informant and other co-accused persons

          killed the son of the informant.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
            Patna High Court CR. MISC. No.76436 of 2025(3) dt.21-01-2026
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                      the like amount each to the satisfaction of the learned C.J.M.,

                      Begusarai in connection with Singhaul P.S. Case No. 112 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

                      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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