Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Urmila Devi, an 80‑year‑old woman, and Ragni Devi, the sister‑in‑law of the deceased, feared arrest in a murder case (Case No. 76 of 2025) alleging offences under Sections 103(1), 238, 85 and 3(5) of the Bihar Narcotic Substances Act, 2023. They contended that they were falsely implicated and maintained their innocence. The learned counsel highlighted the petitioners’ advanced age and familial relationship to the victim as mitigating factors. The Court, after considering these circumstances, exercised its discretion to grant bail. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners pending trial in the murder case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 3(5), 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- murder
- age
- false implication
- Section 438
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89303 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- SHYAMPUR BHATHAN District-
Sheohar
======================================================
1. Urmila Devi wife of Gaya Singh Village -Ramwan/Ramban PS- Shyampur
Bhatha, Distt -Sheohar
2. Ragni Devi Wife of Late Shambhu singh Resident of Village- Sirsiya, Ps-
Tariyani, Dist- Sheohar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Shyampur Bhatha P.S. Case No. 76 of 2025
registered for the offence under Sections 103(1), 238, 85, 3(5) of
the BNS, 2023.
3. As per the prosecution case, the petitioners and
others are said to have killed the deceased.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
petitioner no. 1 is eighty years old and petitioner no. 02 is the
Patna High Court CR. MISC. No.89303 of 2025(2) dt.04-02-2026
2/2
sister-in-law of the deceased and there is general and omnibus
allegations against her.
5. Considering the old age of the petitioner no. 01
and considering the relationship of the petitioner no. 02 with the
deceased, this application is allowed.
6. Let the petitioners, above named, in the event
of their arrest or surrender before the concerned Court below
within four weeks from today, 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 Court of
ACJM-III, Sheohar/concerned Court below in connection with
Shyampur P.S. Case No. 76 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…