Patna High Court

Swity KumariversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the BNSS.

Summary

Swity Kumari petitioned for bail after being implicated in the death of Sunny Kumar, whose body was found near a railway track. The FIR charges her under sections 103(1), 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, alleging she participated in the killing and disposal of the body. The petitioner contended that the informant was not an eye‑witness, the case rests solely on circumstantial evidence, and that the deceased had a marital dispute leading to suicide, with no direct material linking her to the crime. She highlighted her clean antecedent and noted that similarly situated co‑accused had already been granted bail. The State opposed the bail application, arguing the seriousness of the offence. The Court, considering the lack of direct evidence, the petitioner’s clean record, and the precedent of bail to co‑accused, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the charges under sections 103(1), 238 and 3(5) of the BNSS
Whether the circumstantial evidence and lack of direct material against the petitioner justify bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNS) — s. 103(1), 238, 3(5)
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)

Subjects

bail
circumstantial evidence
murder
suicide
clean antecedent
criminal procedure
BNSS
Section 482
Section 103
Section 238
Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88480 of 2025
                     Arising Out of PS. Case No.-535 Year-2024 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Swity Kumari D/o Ashok Prasad @ Ashok Yadav R/o Village-Parsa Bazar,
                 P.S.-Parsa Bazar, District-Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :     Mr. Rajesh Shankar Sinha, Advocate

                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends their arrest in a case

                   registered for the offence punishable under sections 103 (1) ,

                   238 , 3(5) of the BNS.

                                 3 . As per F.I.R., the informant Punam Devi alleges

                   that      on 16.11.2024 , her son namely Sunny Kumar left home

                   for work but did not return . Later, his dead body was found

                   near railway track in injured condition . The complainant

                   believes that this petitioner along with others killed his son and

                   dumped his body near railway track to destroy evidence .

                                 4. It is submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.88480 of 2025(2) dt.10-02-2026
                                            2/3




          this petitioner is innocent and has not committed any offence as

          alleged. Informant is not an eye witness to the alleged

          occurrence. Only suspicion has been raised against this

          petitioner. It is a case of circumstantial evidence. None have

          seen this petitioner committing the alleged occurrence . As a

          matter of fact, there was dispute between deceased and his wife

          and due to same, deceased committed suicide . During

          investigation , several witnesses have stated the aforesaid fact.

          There is no direct or indirect material against this petitioner to

          show her complicity in the alleged occurrence . Petitioner

          claims clean antecedent. Similarly situated co-accused persons

          have already been granted bail by this Hon’ble Court vide order

          dated 08.07.2025 in Cr. Misc. No. 26959 of 2025 .

                       5 . Learned counsel for the State oppose the bail

          petition .

                        6 Considering the            nature of accusation , clean

          antecedent of this petitioner and other circumstances of the

          case , in the event of arrest or surrender within eight weeks from

          today, let the petitioners, as named above, be enlarged on bail on

          furnishing bail bond of Rs.10,000/-(ten thousand) each with two

          sureties of the like amount each to the satisfaction of             the

          learned ACJM - First Patna in Parsa bazar P. S. Case No. 535 of
            Patna High Court CR. MISC. No.88480 of 2025(2) dt.10-02-2026
                                                        3/3




                      2024 , subject to the conditions laid down under section 482

                      ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

Continue reading with your account

Checking your session…