Patna High Court
Ramrati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the FIR does not contain specific allegations against the petitioners and they have a clean antecedent.
Summary
Ramrati Devi and Pinki Devi were arrested in connection with a case alleging assault on an informant and his father, resulting in the father's death. They sought bail, claiming they have no prior criminal record and that the FIR contains only general, non-specific allegations against them. The prosecution opposed bail, asserting involvement in the violent incident. The court examined the lack of specific charges against the petitioners and their clean antecedent, and consequently ordered their release on bail with a bond of Rs.10,000 each and several conditions, including cooperation with the trial and no tampering with evidence. The bail order also directed verification of their criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioners given the nature of the offences and alleged involvement.
- Whether the FIR contains specific allegations against the petitioners sufficient to deny bail.
- Whether the petitioners' clean antecedent warrants bail despite the serious nature of the alleged crime.
Legislation cited
- B.N.S., 2023 — s. 103, 109, 115, 190, 191
Subjects
- bail
- criminal procedure
- clean antecedent
- omnibus FIR
- assault
- murder
- Bihar High Court
- Section 190
- Section 191
- Section 115
- Section 109
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91451 of 2025
Arising Out of PS. Case No.-536 Year-2025 Thana- CHANDI District- Nalanda
======================================================
1. Ramrati Devi W/o Chandrika Paswan Resident of Vill.- Yashwantpur, P.S-
Chandi,Dist- Nalanda,Bihar
2. Pinki Devi W/O Dharamvir Paswan R/O Vill.- Yashwantpur, P.S- Chandi,
Dist- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Niraj Kumar, learned counsel for the
petitioners and Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioners seeks bail, who are in custody since
19.09.2025 in connection with Chandi P.S. Case No. 536 of
2025, F.I.R. dated 18.09.2025 for the offences punishable under
Sections 190, 191(2), 191(3), 115(2), 109(1) and 103(1) of the
B.N.S., 2023.
3. According to prosecution case, petitioners and other
co-accused persons are alleged to have armed with lathi, danda,
abused and assaulted the informant and his father, namely,
Baleshwar Prasad. Due to assault, informant’s father sustained
Patna High Court CR. MISC. No.91451 of 2025(2) dt.13-01-2026
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severe injuries and died in front of the shop.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Although, the petitioners are
named in the F.I.R. but from perusal of the F.I.R, it appears that
there is no specific allegation of assault or overt act against the
petitioners rather the allegation are general and omnibus in
nature. Petitioners are ladies. Police after investigation,
submitted charge-sheet against the petitioners and the petitioners
are in custody since 19.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent, there is no specific allegation
of assault or overt act against the petitioners, let the petitioners,
above named, be released 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 A.C.J.M.-1, Hilsa,
District- Nalanda in connection with Chandi P.S. Case No. 536
of 2025, corresponding to G.R. No. 2879/2025 with the
following conditions:
i. Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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