Shabnam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64151 of 2025 Arising Out of PS. Case No.-434 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Shabnam Kumari D/o Ashok Mandal Resident of Nohri, P.S.- Dandkhora, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 127(2), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, as disclosed in the F.I.R., in brief, is that at the instance of the petitioner, who is a lady constable and was deputed at Dial 112 vehicle, the police is said to have taken Rs.15,00,000/- from the vehicle of the informant which was kept on the back seat in the guise to check the vehicle.

4. It is submitted by learned counsel for the petitioner that the petitioner has not been specifically named in the F.I.R. The allegation is against one lady constable of being a

Patna High Court CR. MISC. No.64151 of 2025(4) dt.12-12-2025 2/3 part of Dial-112 team and hence she has falsely been implicated in the present case. It is further submitted that, as a matter of fact, the petitioner is posted in Harnaut Police Station, whereas the occurrence is said to have taken place in the area of Rahui Police Station. There is no allegation upon her of actually taking part in the alleged offence but for signalling for check. It is further submitted that no test identification parade has been conducted up till now. The chargesheet has been submitted in this case. The petitioner has no criminal antecedent and has been languishing in custody since 24.07.2025.

5. Learned APP for the State opposed the bail petition on the ground of allegations made in the F.I.R.

6. Taking into consideration the facts and circumstances of the case and considering the fact that no specific role of the petitioner has been attributed in the alleged occurrence coupled with the fact that the name of the petitioner has surfaced in this case during course of investigation and chargesheet has already been submitted, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection

Patna High Court CR. MISC. No.64151 of 2025(4) dt.12-12-2025 3/3 with Rahui P.S. Case No.434 of 2025, subject to the conditions that :

(i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her husband. (ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, her bail bonds shall be liable to be cancelled by the learned Court concerned.

(Soni Shrivastava, J) Trivedi/- U T