Patna High Court
Sheela DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners, finding no sufficient ground to deny it.
Summary
The petitioners, Sheela Devi and Sangita Devi, applied for bail in a case (Baligaon PS Case No. 155 of 2025) where they were accused of killing the deceased under Sections 87, 140(3), 103(1), 123 and 3(5) of the BNS. The prosecution alleged that the petitioners, along with others, participated in the killing, while the defence argued that the petitioners were innocent, not named in the FIR, and were only implicated due to family connections to the victim's daughter who had eloped. Both petitioners had been in custody since October and September 2025 respectively. The court examined the claim of innocence and the lack of direct naming in the FIR, and found no sufficient ground to deny bail. Consequently, the court ordered the release of both petitioners on bail with a bond of Rs.10,000 and two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate, 1st Class, Vaishali.
Issues considered
- Whether bail should be granted to the accused persons under the specified sections of the BNS despite the prosecution's allegation of murder
- Whether the absence of the petitioners' names in the FIR and the claim of innocence justify bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 123, 140(3), 3(5), 87
Subjects
- bail
- criminal procedure
- murder
- FIR
- presumption of innocence
- surety
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88364 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
1. Sheela Devi W/o- Akhilesh Mahto Village- Ladho PS- Baligaon Dist-
Vaishaii Bihar
2. Akhilesh Mahto S/o- Kumar Mahto Village- Ladho PS- Baligaon Dist-
Vaishaii Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89386 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
Sangita Devi Wife of Arun Mahto Resident of Village - Ladho, Police Station
- Baligaon, District - Vaishali (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88364 of 2025)
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
(In CRIMINAL MISCELLANEOUS No. 89386 of 2025)
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Re:- Cr. Misc. No. 88364 of 2025
Heard the parties.
2. The petitioners seek bail in connection with
Baligaon P.S. Case No. 155 of 2025 registered for the offence
under Sections 87, 140(3), 103(1), 123, 3(5) of the BNS.
Patna High Court CR. MISC. No.88364 of 2025(4) dt.24-03-2026
2/3
3. As per the prosecution case, the petitioners and
others are said to have killed the deceased.
4. The petitioners are in custody since 12.10.2025.
5. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and from reading
of the FIR, it appears that the daughter of the deceased had
eloped with someone and because of the same, the deceased has
committed suicide. He further submits that the petitioners are
not named in the Fir and they are said to have participated in the
kidnapping of the victim girl.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, 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
the learned Judicial Magistrate, 1st Class, Vaishali,
Hajipur/concerned Court below in connection with Baligaon
P.S. Case No. 155 of 2025.
Re:- Cr. Misc. No. 88386 of 2025
8. Heard the parties.
9. The petitioner seeks bail in connection with
Baligaon P.S. Case No. 155 of 2025 registered for the offence
Patna High Court CR. MISC. No.88364 of 2025(4) dt.24-03-2026
3/3
under Sections 87, 140(3), 103(1), 123, 3(5) of the BNS.
10. As per the prosecution case, the petitioners and
others are said to have killed the deceased.
11. The petitioners are in custody since
23.09.2025.
12. It has been submitted by the learned counsel
for the petitioner that the petitioner is innocent and she has been
implicated in this case only because of the fact that she is the
mother of one Suman Kumar with whom the daughter of the
deceased is said to have eloped.
13. Considering the aforesaid facts, this application
is allowed.
14. Let the petitioner, above named, 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
the learned Judicial Magistrate, 1st Class, Vaishali,
Hajipur/concerned Court below in connection with Baligaon
P.S. Case No. 155 of 2025.
(Sandeep Kumar, J)
Vikas/-
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