Patna High Court
Dharmshila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to bail as there is no direct allegation of her participation and she possesses a clean antecedent, subject to the statutory conditions.
Summary
Dharmshila Devi, the wife of co‑accused Pappu Rai, filed a bail petition fearing arrest in a case registered under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS) and section 27 of the Arms Act. The prosecution alleges that Pappu Rai fired a weapon, causing the death of Dheeraj Kumar. The petitioner contended that she had no involvement in the shooting and was falsely implicated solely because of her marital relationship, emphasizing her clean antecedent. The State opposed the bail. Considering the lack of any direct allegation against her, her clean record and the circumstances, the Court ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under section 482(2) of the BNS, 2023.
Issues considered
- Whether the petitioner, who is alleged only to be the wife of the co‑accused and has no direct involvement, is entitled to bail.
- Whether the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied for granting bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- clean antecedent
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87680 of 2025
Arising Out of PS. Case No.-715 Year-2025 Thana- FATUA District- Patna
======================================================
Dharmshila Devi W/O Pappu Rai R/O Village- Malbigaha, P.S.- Fatuha,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar , Advocate
For the Opposite Party/s : Mr. Parmanand Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103 (1) and 3 (5) of
BNS and 27 of Arms Act.
3 . As per the prosecution case, co-accused Pappu Rai
is alleged to have fired, as a result of which, one Dheeraj Kumar
sustained firearms injury and upon being taken to hospital,
doctor declared him dead.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Specific accusation of firing is against co-accused Pappu Rai,
who shot dead the deceased. There is no allegation of any overt
act against this petitioner and she has falsely been implicated in
Patna High Court CR. MISC. No.87680 of 2025(3) dt.17-02-2026
2/2
this case simply because she happens to be wife of co-accused
Pappu Kumar. Petitioner is lady and claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 ACJm- Ii
Patna City in connection with Fatuha P.S. Case No. 715 of 2025
, subject to the conditions laid down under section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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