Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15753 of 2025 Arising Out of PS. Case No.-191 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Usha Devi Wife of Paras Prasad Resident of village - Aalampur, Police Station - Jamo Bazar, Distt.- Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49831 of 2025 Arising Out of PS. Case No.-191 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Arbind Kumar Sah @ Arbind Gond @ Arbind Kumar S/o- Birendra Sah Resident of Village- Alampur P.S. Jamo Bazar, Dist- Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 15753 of 2025) For the Petitioner/s :

Mr.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan ,APP (In CRIMINAL MISCELLANEOUS No. 49831 of 2025) For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Jamo Bazar P.S. Case No. 191 / 2024 registered for the offence(s) punishable under Sections 302,326,34, of the Indian Penal Code.

Patna High Court CR. MISC. No.15753 of 2025(3) dt.04-09-2025 2/3

3. As per the allegation made in the FIR, the accused persons had administered the poison to the son of the informant due to which he died.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Learned counsel further submitted that names of the petitioners have surfaced in this case on the basis of confessional statement of co-accused Ahmad Hussain @ Bhaukal and confessional statement made before police has no evidentiary value.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. Referring to the case diary, he submitted that in course of investigation, materials have been collected, from which complicity of the petitioners in the said offence cannot be denied.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the FIR and the case diary, I find that materials have been collected in course of investigation against the petitioners and at the same time, the petitioners have not been able to make out a clear cut case that there is every likelihood that they will be acquitted in the trial. I am not inclined to grant pre-arrest bail to the petitioners.

Patna High Court CR. MISC. No.15753 of 2025(3) dt.04-09-2025 3/3

7. Accordingly, the present bail applications stands dismissed.

(Purnendu Singh, J) Sanjay/- U T