Patna High Court

Gyanti DeviversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied to the petitioner at this stage of the proceedings.

Summary

The petitioner, Gyanti Devi, sought bail in a criminal case (P.S. Case No. 73 of 2025) involving offences under Sections 103(1), 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 4 September 2025 the petitioner assaulted the informant's wife, causing a fatal head injury. The petitioner contended that she was falsely implicated, that no specific overt act was alleged against her, and that she had no prior criminal record. The State opposed bail, emphasizing the direct allegation of assault leading to death. The High Court, after considering the seriousness of the allegation and the stage of the investigation, refused bail, directing the trial court to expedite the trial and allowing a future bail application after five months if the trial remains pending.

Issues considered

Whether bail should be granted to the petitioner despite a direct allegation of assault causing death
Whether the petitioner has been falsely implicated and lacks specific overt acts against her
Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita warrants denial of bail at this stage

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 118(1), 126(2), 3(5), 352

Subjects

bail
criminal procedure
assault
homicide
Bharatiya Nyaya Sanhita
high court
pre-trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91798 of 2025
                    Arising Out of PS. Case No.-73 Year-2025 Thana- PIPRASI District- West Champaran
                 ======================================================
                 Gyanti Devi Wife of Toofani Ram Resident of Village - Chankuhawa, Police
                 Station - Piprasi, District - West Champaran.


                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Milind Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Piprasi

                   P.S. Case No. 73 of 2025 instituted for the offences under

                   Sections 103(1), 126(2), 115(2), 118(1), 109(1), 352, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that on 04.09.2025 at

                   night, the accused persons assaulted the informant and his

                   family, and Gyanti Devi, petitioner herein, caused head injury to

                   his wife Bachiya Devi with lathi, who later died during

                   treatment.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.91798 of 2025(3) dt.23-02-2026
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          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 24.10.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner stating that

          there is direct allegation against the petitioner of assaulting the

          deceased due to which the deceased died. Learned APP,

          therefore, prays that petitioner may not be released on bail.

                       6. Considering the aforesaid facts and circumstances

          of the case as also there being direct allegation of assaulting the

          deceased against the petitioner, this Court is not inclined to

          grant bail to the petitioner at this stage.

                       7. Accordingly, the prayer for grant of bail to the

          petitioner is, hereby, rejected.

                       8. Learned Trial Court is directed to expedite the trial.

                       9. However, liberty is granted to the petitioner to

          renew the prayer for grant of bail before the Trial Court if the

          trial is not concluded within a period of five months from today.

          If any such application is filed before the learned court below,
           Patna High Court CR. MISC. No.91798 of 2025(3) dt.23-02-2026
                                                       3/3




                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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