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Patna High Court

Subhawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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