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Patna High Court

Sonam @ Sanam @ Sangeeta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Sonam (also known as Sanam and Sangeeta Devi), was accused in a 2005 case involving serious offences such as murder, attempt to murder, and unlawful assembly, alleged to have taken part in an armed extremist encounter that resulted in a police death. She contended that she was falsely implicated, not named in the FIR, and that no incriminating material was recovered from her; she claimed she was merely a household woman with no Naxalite links. The charge sheet was filed after a 20‑year delay, and she had been in custody since June 2025 despite having bail in four other cases. The State opposed her bail application. The court, noting her gender, the omnibus nature of the allegations, the prolonged custody, and the delayed charge sheet, ordered her release on bail with a Rs 10,000 bond, two sureties, and specific conditions including a relative as bailor and mandatory court appearances.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the seriousness of the offences and the 20‑year delay in filing the charge sheet?
  • Does the petitioner’s gender and lack of incriminating evidence warrant bail despite the nature of the accusations?
  • Are the conditions imposed under Section 480(3) of the BNSS sufficient to ensure the petitioner’s compliance?

Legislation cited

Subjects

  • bail
  • false implication
  • gender considerations
  • delay in charge sheet
  • Naxalite allegations
  • armed assault
  • IPC offences
  • Arms Act
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8937 of 2026
                     Arising Out of PS. Case No.-64 Year-2005 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Sonam @ Sanam @ Sangeeta Devi W/o- Rajkumar Ram @ Rajkumar
                 Mushar R/v- W.no-1, Padarcap, Tariwana, Ps- Laukariya, Dist- West
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ayush Kumar, Adv.
                 For the Opposite Party/s :       Mr.Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Bairgania P.S. Case No. 64 of 2005, registered

                   for the offences under Sections 147, 148, 149, 307, 332, 302,

                   364, 120B of the Indian Penal Code and Section 27 of the Arms

                   Act and Section 17 of the CLA Act.

                                3. As per the prosecution case, police received

                   information about assembly of armed extremists in a math. The

                   area was cordoned of and the extremists resorted to firing,

                   killing a police personnel on spot. Police retaliated and the

                   extremists retreated from the area. The petitioner is said to be

                   one of the accused persons present during the occurrence.
Patna High Court CR. MISC. No.8937 of 2026(2) dt.17-02-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is a lady and she has been

          falsely implicated in this case. Petitioner is not named in the FIR

          and altogether 100-125 persons have been made accused in the

          present case. Nothing incriminating has been recovered from

          person or possession of the petitioner. Petitioner has no

          knowledge about institution of FIR against her and she came to

          know only when she has been remanded in the present case after

          passage of 20 years. The petitioner and others have no nexus

          with any naxalite organization and she remained engaged in

          household activities. A number of villagers including females

          and children have been made accused in the present case out of

          personal grudge. Charge sheet has been submitted on

          25.07.2025, i.e., after passage of 20 years. Petitioner is having

          antecedent of four cases and she is on bail in all the cases. The

          petitioner is in custody since 04.06.2025.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          fact that the petitioner is a lady and further considering the

          general and omnibus nature of allegation and also considering
             Patna High Court CR. MISC. No.8937 of 2026(2) dt.17-02-2026
                                                         3/3




                       her period of custody and submission of charge sheet, the

                       petitioner is directed to be released on bail, on furnishing bail

                       bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with

                       two sureties of the like amount each to the satisfaction of

                       learned CJM, Sitamarhi/concerned court, in connection with

                       Bairgania P.S. Case No. 64 of 2005, subject to the condition laid

                       down under Section 480(3) of the BNSS and other following

                       conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
anuradha/-
U      T


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