Patna High Court
Subhawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners subject to the conditions stipulated, exercising its inherent powers under Section 482.
Summary
The petitioners Subhawati Devi, Ramjee Prasad (Ramjee Sah) and Sindhu Devi were arrested in connection with FIR No. 228/2025 alleging assault and murder of an informant's husband. They argued that the prosecution's case was vague, lacked specific allegations of overt acts against them, and that the post‑mortem report showed only two injuries despite ten accused being named, thereby questioning the evidentiary basis. The informant opposed bail, insisting on continued detention. The Court examined the insufficiency of the prosecution's particulars and the petitioners' clean antecedents, and, invoking its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, decided to grant bail. The bail was conditioned on surrender within eight weeks, a bond of Rs.10,000 with two sureties, and compliance with the conditions prescribed by the Additional Chief Judicial Magistrate, Ist, Bagaha.
Issues considered
- Whether the petitioners are entitled to bail despite the FIR charging offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 129(3), 109, 103 and 352 of the Bhartiya Nyaya Sanhita.
- Whether the prosecution has sufficiently disclosed specific overt acts linking the petitioners to the alleged assault and murder.
- Whether the Court can exercise its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to grant bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103, 109, 115(2), 126(2), 129(3), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- Section 482
- evidentiary insufficiency
- assault
- murder
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78852 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Subhawati Devi Wife of Subhash Prasad Resident of village -Jamdar tola PS-
Chautarwa Distric West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 82008 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
1. Ramjee Prasad @ Ramjee Sah S/o Late Yamuna Sah R/o Village - Jamadar
Tola Siswa Basantpur, P.S - Choutarwa, District - West Champaran
2. Sindhu Devi @ Sindu Devi W/o Deepu Kumar R/o Village - Jamadar Tola
Siswa Basantpur, P.S - Choutarwa, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78852 of 2025)
For the Petitioner/s : Mr.Sujeet Kumar
For the Opposite Party/s : Mr.Mukesh Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 82008 of 2025)
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Surendra Kumar
For the Informant
in both cases : Mr. Kaushal Kumar Upathyay, with
Deepika Sharma & Rajat Kumar Tiwary.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State (in both cases) and learned counsel for the
informant.
Patna High Court CR. MISC. No.78852 of 2025(3) dt.13-01-2026
2/3
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 191(3), 190,
126(2), 115(2), 129(3), 109, 103, 352 of the Bhartiya Nyaya
Sanhita.
3. The prosecution case, in brief, is that on 18.07.2025
at about 6:40 PM, all the FIR named accused persons including
petitioners came at the door of informant and started abusing
and thereafter, assaulted husband of informant by means of
lathi, causing head injury. It is further alleged that few unknown
persons threw stones over the house of Ramji Sah (petitioner
no.1 in Cr.Misc. No. 82008 of 2025) and being annoyed with
the same, the accused persons killed husband of the informant.
4. Learned counsel for the petitioners submits that
allegation of assault is general and omnibus and there is no
specific allegation of overt act against petitioners. He further
submits that as per F.I.R., 10 accused persons assaulted the
deceased, but in the post-mortem report, only two injuries have
been found on the person of deceased, which itself falsifies the
prosecution case. Petitioners claim clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail petitions.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.78852 of 2025(3) dt.13-01-2026
3/3
let the petitioners in both cases, namely; Subhawati Devi,
Ramjee Prasad @ Ramjee Sah and Sindhu Devi @ Sindu Devi,
in the event of their arrest/surrender within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. Ist, Bagaha,
District – West Champaran in connection with Chautarwa P.S.
Case No. 228 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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