Sharmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40032 of 2026 Arising Out of PS. Case No.-13 Year-2024 Thana- Bariyarpur District- Muzaffarpur ====================================================== 1.
Sharmila Devi W/O Ranjeet Paswan @ Ranjit Paswan Resident of VillagePaigamberpur, PS- Bariyarpur, District- Muzaffarpur. 2.
Ajay Paswan S/O Sonelal Paswan Resident of Village- Paigamberpur, PSBariyarpur, District- Muzaffarpur. 3.
BHushan Paswan S/O Jangali Paswan Resident of Village- Paigamberpur, PS- Bariyarpur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Bariyarpur P.S. Case No. 13 of 2024 instituted for the offences under Sections 302, 147, 149 of the Indian Penal Code. Earlier vide order dated 16.07.2025, passed in Cr. Misc. No. 48291 of 2025, anticipatory bail of the petitioners were rejected by this Court.
3. Prosecution case, in short, is that the accused persons have committed the murder of the husband of the informant.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.40032 of 2026(3) dt.24-07-2026 2/3 present case. Learned counsel further submitted that there is a delay of five days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.01.2026 and have no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 16.01.2026 passed in Cr. Misc. No. 88261 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bariyarpur P.S. Case No. 13 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.40032 of 2026(3) dt.24-07-2026 3/3 family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Raj Kishore/- U T