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Patna High Court

Dharmshila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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