PATNA HIGH COURT
Rajesh Kumar Verma, J
Poonam Devi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1875 of 2026
| Table of Content |
|---|
| 1. bail application and petitioner details. (Para 2 , 3) |
| 2. arguments for and against bail. (Para 4 , 5) |
| 3. court's decision on bail conditions. (Para 6) |
For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 19-01-2026 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Shantanu Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
07.10.2025 in connection with Dandari P.S. Case No. 131 of 2025, F.I.R. dated 06.10.2025 for the offences punishable under Sections 115(2), 126(2), 329(2), 124(1), 118(1), 109, 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. On the instigation of petitioner, co-accused, namely, Mukesh Soni throw acid on the informant’s husband.
4. Learned counsel for the petitioner submits that petitioner is innocent and she has falsely been implicated in the present case. Although, the petitioner is named in the F.I.R. but from bare perusal of F.I.R. it appears that the specific allegation of assault is against co-accused Mukesh Soni and petitioner has been made accused merely on the ground that she is wife of the co-accused Mukesh Soni. There is case and counter case between the parties. He further submits that the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 07.10.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances and the fact that there is no specific allegation of assault or overt act against the petitioner, case and counter case, 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 J.M.F.C., Begusarai in connection with Dandari P.S. Case No. 131 of
2025, with the 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)
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