Patna High Court
Radha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Radha Devi was arrested in connection with a case (PS Raghopur Case No. 247 of 2025) involving assault with bricks and an iron rod that resulted in the death of the informant's brother. The FIR originally did not name her, but her name was added a month later based on the deceased's mother's statement. She pleaded innocence, asserted no specific allegation against her, and highlighted her lack of criminal antecedents while being in judicial custody since 15‑10‑2025. The State opposed her regular bail application. After hearing both sides, the Court found the circumstances sufficient to grant regular bail, directing her release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, whose name was added to the FIR after a month and faces multiple charges, is entitled to regular bail under the circumstances.
Legislation cited
- B.N.S. — s. 103, 109, 115(2), 117(2), 126(2), 191(2), 191(3), 351(2), 352, 74
Subjects
- regular bail
- bail bond
- FIR amendment
- assault
- homicide
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91849 of 2025
Arising Out of PS. Case No.-247 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Radha Devi W/o- Mr. Anil Rai R/v- Rustampur Ps- Raghopur Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191(2),
191(3), 126(2), 115(2), 117(2), 109, 74, 352 and 351(2) of B.N.S.
Later on, Section 103 of B.N.S. was added.
3. The case of the prosecution is that altogether 12
persons have assaulted the brother of the informant with bricks
and iron rod. The injured was rushed to N.M.C.H. Later on, he
died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that her name is not there
in the FIR rather her name has surfaced after one month in the
Patna High Court CR. MISC. No.91849 of 2025(2) dt.28-01-2026
2/2
statement of the mother of the deceased which is just addition in
the list of the accused persons. He has further submitted that even
the accused persons who are named in the FIR do not carry any
specific allegation. There is no any specific overt act against this
petitioner. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, she
is languishing in judicial custody since 15.10.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer of
regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Raghopur P.S. Case No. 247 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Vaishali.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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