Patna High Court
Sonam @ Sanam @ Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
- BNSS — s. 480(3)
- CLA Act — s. 17
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 307, 332, 364
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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