Patna High Court

Indu DeviversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

Indu Devi, the wife of co-accused Sanjay Yadav, was arrested in connection with a murder case (PS Case No. 25 of 2024) involving the killing of an informant's aunt, allegedly over a land dispute. The petitioner sought bail, arguing that the allegations arose from a property dispute, the investigation of co-accused was complete, and she has a clean antecedent. The prosecution contended that she was actively involved in the crime. The court noted that the implication against her was prima facie and based on suspicion, but also considered her clean record and the lack of necessity for custodial interrogation. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order directs her release within four weeks of arrest or surrender.

Issues considered

Whether bail should be granted to the petitioner given the serious nature of the alleged offences.
Whether the petitioner’s alleged involvement is merely prima facie and based on suspicion arising from a land dispute.
Whether the petitioner’s clean antecedent and the completion of investigation against co‑accused justify bail.

Subjects

bail
murder
land dispute
clean antecedent
suspicion
Section 482
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12776 of 2025
                       Arising Out of PS. Case No.-25 Year-2024 Thana- Gokhulpur District- Nalanda
                 ======================================================
                 Indu Devi W/O Sanjay Yadav Resident of Village- Pakariya Bigha, P.S.-
                 Gokhulpur, Distt.- Nalanda.                           ... ... Petitioner/s
                                              Versus
                 The State of Bihar.                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Piyush Singh, Advocate
                 For the Opposite Party/s :        Mr.Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   10-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                 2. The accused/petitioner apprehending her arrest

                   in connection with Gokhulpur P.S. Case No.                         25 of 2024

                   registered for the offences punishable under Sections 103,

                   238, 61(2) and 3(5) of BNS.

                                3. The allegation against the petitioner is to commit

                   murder of parental aunty (Bua) of the informant alongwith

                   named co-accused persons                     by using sharp-edged cut

                   weapons.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the entire allegation appears

                   raised in the background of land dispute, where parties are
Patna High Court CR. MISC. No.12776 of 2025(5) dt.10-02-2026
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          agnates. It is pointed out that the investigation of this case

          already completed qua apprehended co-accused persons and,

          therefore, on all material aspects, the investigation of this

          case now appears completed and, as such, sending this

          petitioner behind bar could not serve any purpose of justice.

          In view of aforesaid, custodial interrogation of petitioner is

          also not required. It is further submitted that the implication

          of this petitioner only appears being wife of co-accused

          Sanjay Yadav son of Ranjan Yadav. Petitioner claimed clean

          antecedent.

                       5. Learned APP, duly assisted by learned counsel

          Mr. Yogendra Kumar, appearing on behalf of the informant,

          while opposing the prayer of bail submitted that the petitioner

          being wife of main co-accused Sanjay Yadav was actively

          involved in the occurrence.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as implication of this petitioner prima facie

          appears on the basis of suspicion arising out of property

          dispute, coupled with the fact that petitioner is a lady of clean

          antecedent, accordingly, above named petitioner, in the event
              Patna High Court CR. MISC. No.12776 of 2025(5) dt.10-02-2026
                                                          3/3




                        of her arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, is directed to be

                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount each to

                        the satisfaction of the learned A.C.J.M.-I, Nalanda at

                        Biharsharif/concerned Court, where the case is pending in

                        connection with Gokhulpur P.S. Case No. 25 of 2024 subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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