Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is to be granted to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
Shobha Devi, the wife of Ajit Prasad Singh, was arrested in a case under several sections of the B.N.S., 2023, though her name did not appear in the FIR. Her identity emerged from the confessional statement of co‑accused Ayush Kumar, and she has been in custody since 13 November 2024. The petitioner, a woman with a clean antecedent, sought bail, citing that similarly situated co‑accused had already been released on bail in a related case. The State opposed the bail application. The Court considered the length of custody, the petitioner’s gender, her clean record, and the precedent of bail to co‑accused, and consequently ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the District & Additional Sessions Judge, Banka.
Issues considered
- Whether bail should be granted to a petitioner not named in the FIR but implicated through a co‑accused’s confessional statement
- Whether the petitioner’s gender, clean antecedent, and the precedent of bail to co‑accused warrant release
Legislation cited
- B.N.S., 2023 — s. 103(1), 137(2), 140(1), 140(3), 238(a), 61(2)(a)
Subjects
- bail
- criminal procedure
- gender
- clean antecedent
- confessional statement
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84022 of 2025
Arising Out of PS. Case No.-293 Year-2024 Thana- SHAMBHUGANJ District- Banka
======================================================
Shobha Devi wife of Ajit Prasad Singh @ Jhako Village -Gulai PS-
Shambhuganj District -Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad
Shalini Mishra
For the Opposite Party/s : Mr.Umeshanand Pandit,APP
Mr.Dinkar Kumar & Mr. Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 137(2), 140(3), 140(1), 103(1), 238(a),
61(2)(a) of the B.N.S., 2023.
3. Petitioner is not named in the F.I.R. Name of the
petitioner surfaced during investigation in the confessional
statement of co-accused Ayush Kumar. Similarly situated co-
accused persons have been granted bail by this Court, vide order
dated 22.08.2025 passed in Cr.Misc. No. 44347 of 2025.
Petitioner is lady, claims clean antecedent and is in custody
since 13.11.2024.
4. Learned A.P.P. for the State and learned counsel for
the informant opposed the prayer for bail.
Patna High Court CR. MISC. No.84022 of 2025(2) dt.27-01-2026
2/2
5. Considering the period of custody and the fact that
petitioner is lady, having clean antecedent, let the above named
petitioner 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 learned District & Additional Sessions
Judge III, Banka in connection with S.T. No. 37/2025 +
230/2025 (arising out of Shambhuganj P.S. Case No. 293 of
2024).
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…