Shila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61288 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Shila Devi W/o- Vijay Prasad Village- Fulwariya @ Phulwaria Ps- Minapur Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harshit Griyaghey, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, App.
For the Informant :
Mr. Pradhan Murli Manohar Prasad, Adv.
:
Mr. Raju Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Minapur Police Station Case No. 234 of 2024, disclosing offences under Sections 126(2), 109, 61(2), 3(5) of the BNS, 2023 and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. As per the FIR, on 22.07.2024, at about 9:45 am while the informant's husband was in his field, two persons came on Apache motorcycle and shot at her husband Nandu Kumar on his chest and hand. It has further been alleged that coaccused Vijay Prasad was acting as a liner. It has also been alleged that Vijay Prasad and other co-accused named in the FIR hired the contract killer for the murder of informant's husband.
Patna High Court CR. MISC. No.61288 of 2025(2) dt.17-09-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and she has not committed any offence in the manner alleged. The husband of the petitioner had given Rs. 15 lacs to the victim for which an agreement was prepared by petitioner's husband in the name of the petitioner. The husband of the petitioner has been arrested along with the co-accused persons who fired upon the informant's husband Nandu Kumar. The name of the petitioner has transpired on the basis of confessional statement of Munna Kumar.
5. On the other hand, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that during course of investigation in paragraph 93, it has come that petitioner along with her husband Vijay Prasad hired the contract killer due to money transaction between them and informant's husband. The petitioner is one of the conspirators and the statement of the co-accused Munna Kumar has been recorded in paragraph 93 of the case diary.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that husband of the petitioner is already in custody along with other shooters and the petitioner is a lady not named in the FIR, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.61288 of 2025(2) dt.17-09-2025 3/3
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Judicial Magistrate 1st Class, East Muzaffarpur, in connection with Minapur Police Station Case No. 234 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T