Patna High Court
Phool KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted as there is no specific allegation against the petitioner and she has a clean antecedent.
Summary
Phool Kumari was arrested in connection with a case involving assault with an iron rod and the death of an informant's father. The prosecution alleged that she, along with co‑accused, participated in the assault, charging her under several sections of the B.N.S. Act. The petitioner argued that she has a clean antecedent and that the FIR does not specifically allege any overt act by her, asserting that she was implicated only because of family ties to other accused. The State opposed bail, but the High Court noted the absence of a specific allegation against her and her clean record. Consequently, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges.
- Whether the FIR contains a specific allegation of an overt act against the petitioner.
- Whether the petitioner's clean antecedent warrants bail.
Legislation cited
- B.N.S. Act — s. 103(1), 109, 115(2), 117(2), 126(2), 3/5, 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- FIR
- clean antecedent
- assault
- murder
- Bihar High Court
- B.N.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91472 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- Khesar District- Banka
======================================================
Phool Kumari W/o- Vikash Kumar Yadav R/v- Pathal Kuriya Ps- Khesar Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Md. Naimu Hodda, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.10.2025 in connection with Khesar P.S. Case No. 66 of 2025,
F.I.R. dated 20.10.2025 for the offences punishable under
Sections 126(2), 115(2), 117(2), 109, 103(1), 352, 351(2), (3),
3/5 of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
with iron rod and co-accused Ranjan Kumar assaulted the
informant’s father with bhujali on his head due to which he died
on the spot.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91472 of 2025(2) dt.13-01-2026
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petitioner has clean antecedent and she has falsely been
implicated in the present case only on the ground that she is
family members of the other co-accused person. Although the
petitioner is named in the F.I.R. but from bare perusal of the
F.I.R. it appears that the specific allegation of assault is
attributed against Ranjan Kumar, Bindehswari Yadav, Premlata
Devi and later on father of the informant died. There is no
specific allegation of assault or overt act against the petitioner
and it appears from the F.I.R. that there was admitted land
dispute between the parties due to which the present occurrence
took place. The police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
21.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, there is no specific allegation of
overt act against her in the F.I.R., 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 Chief Judicial Magistrate,
Banka in connection with Khesar P.S. Case No. 66 of 2025, with
Patna High Court CR. MISC. No.91472 of 2025(2) dt.13-01-2026
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the other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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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