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Patna High Court

Sangita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, finding insufficient grounds to deny their release.

Summary

The petitioners, Sheela Devi and Sangita Devi, applied for bail in a case registered under Sections 87, 140(3), 103(1), 123 and 3(5) of the BNS, where the prosecution alleges they participated in the killing of the deceased. Both petitioners have been in custody since October 2025 and September 2025 respectively. Their counsel argued that they are innocent, were not named in the FIR, and were only implicated because of family connections to the victim's daughter who eloped. The court examined the allegations and found no substantive evidence linking the petitioners to the murder. Consequently, the court allowed the bail applications, directing the petitioners to be released on a bail bond of Rs. 10,000 with 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 petitioners accused of murder under the specified sections of the BNS despite the prosecution's allegations.

Legislation cited

Subjects

  • bail
  • murder
  • criminal procedure
  • FIR
  • presumption of innocence
  • 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/-

U


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