Partly allowed¶23

Shanti Devi v. The State of Bihar

Patna HC21 Jan 2026CR. MISC./74398/2025

Case brief

AI extract

What is this about?

Regular bail; Patna High Court; CRIMINAL MISCELLANEOUS No. 74398 of 2025 and No. 81146 of 2025; order dated 21-01-2026; Justice Ramesh Chand Malviya; Sikandra P.S. Case No. 221 of 2025, District Jamui; Sections 103(1), 115(2), 118(1), 109(1), 352, 3(5) BNS; Shanti Devi bail granted on Rs. 10,000 bonds with two sureties; Arvind Yadav @ Arvind Kumar bail rejected; specific allegation of khanti assault on head, both frontal bones fractured, death on spot; judicial custody since 23.06.2025; no criminal antecedent.

What did the court decide?

Bail granted to Shanti Devi: release on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court in connection with Sikandra P.S. Case No. 221 of 2025; regular bail prayer of Arvind Yadav @ Arvind Kumar rejected.

Shanti Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Shanti Devi, in custody in connection with Sikandra P.S. Case No. 221 of 2025 (Sections 103(1), 115(2), 118(1), 109(1), 352, 3(5) BNS), is entitled to regular bail. +1 more

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Court's answer

On perusal of the FIR and the impugned order, there is no specific allegation against petitioner Shanti Devi for assaulting the deceased.

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Ratio / Principle

Petitioner Shanti Devi is released on regular bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned concerned Court, in connection with Sikandra P.S. Case No. 221 of 2025.

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Key takeaways

There is specific allegation against petitioner Arvind Yadav @ Arvind Kumar for assaulting on the head of the mother of the deceased due to which she died on the spot.ratio¶26
The prayer for regular bail of petitioner Arvind Yadav @ Arvind Kumar is rejected.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), orders dated 21-01-2026 in CRIMINAL MISCELLANEOUS No. 74398 of 2025 and CRIMINAL MISCELLANEOUS No. 81146 of 2025, arising out of Sikandra P.S. Case No. 221 of 2025, Thana Sikandra, District Jamui - Regular bail under Sections 103(1), 115(2), 118(1), 109(1), 352 and 3(5) BNS - Prosecution case that the petitioners, along with co-accused and variously armed, assaulted the informant and his family members, the informant's mother dying on the spot; petitioners in judicial custody since 23.06.2025, no criminal antecedent stated - Shanti Devi: no specific allegation of assaulting the deceased; released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each - Arvind Yadav @ Arvind Kumar: specific allegation of assaulting the mother of the deceased on the head by means of a khanti, fracturing both frontal bones of the skull and causing death on the spot; bail prayer rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74398 of 2025

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Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui

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======================================================

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Shanti Devi W/O Arvind Yadav R/o Vill.- Dhadhaur, P.S - Sikandra, District - Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 81146 of 2025

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Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== Arvind Yadav @ Arvind Kumar Son of Ramswaroop Yadav R/o VillageDhadhaur, P.S.- Sikandra, District- Jamui

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 74398 of 2025) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP (In CRIMINAL MISCELLANEOUS No. 81146 of 2025) For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 21-01-2026

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners is in custody in connection with Sikandra P.S Case No. 221 of 2025 registered for the offences punishable under Sections 103 (1), 115(2), 118(1), 109 (1), 352, 3(5) of the B.N.S.

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Patna High Court CR. MISC. No.74398 of 2025(3) dt.21-01-2026 2/3

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As per prosecution case, petitioners along with coaccused variously armed have assaulted the informant and his family members. Due to which mother of the informant died on the spot.

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Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that petitioners has got no criminal antecedent as stated in paragraph no. 3 of the bail petition. It is also submitted that petitioners are in judicial custody since 23.06.2025.

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However, learned APP for the State oppose the prayer for regular bail of the petitioner.

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On perusal of the FIR and impugned order, it appears that there is no specific allegation against the petitioner, namely, Shanti Devi for assaulting the deceased while specific allegation is against the petitioner, namely, Arvind Yadav @ Arvind Kumar for assaulting on the head of the mother of the deceased by means of khanti due to which her both frontal bone of skull got fractured and ultimately she died on the spot.

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Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named only petitioner, namely, Shanti Devi be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

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Patna High Court CR. MISC. No.74398 of 2025(3) dt.21-01-2026 3/3

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thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court in connection with Sikandra P.S Case No. 221 of 2025.

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As far as petitioner, namely, Arvind Yadav @ Arvind Kumar is concerned, there is specific allegation against him for assaulting on the head of the mother of the deceased due to which she died on the spot.

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Hence, prayer for regular bail only for the petitioner, namely, Arvind Yadav @ Arvind Kumar is hereby rejected.

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(Ramesh Chand Malviya, J)

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Mayank/-

Shanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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