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Patna High Court

GUDIYA DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Sections 438(2) CrPC and 482(2) Bhartiya Nagarik Suraksha Sanhita.

Summary

Gudiya Devi and Surbhi Devi applied for anticipatory bail after being implicated in a theft‑and‑murder case (Section 303(2) of the Bharatiya Nyaya Sanhita, 2023) arising from an incident at Ular Suryamandir where a gold chain was stolen. The prosecution alleged that the accused used a white Scorpio vehicle to flee, but the vehicle registration could not be identified and no incriminating material was recovered from the petitioners. The petitioners argued that their names appeared only in a confession by another accused, they have clean antecedents, and there is no direct evidence linking them to the crime. The State opposed the bail, contending that the investigation was ongoing. The Court, noting the lack of material evidence, the petitioners' clean record, and the principle of liberty under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, granted anticipatory bail subject to strict conditions. The bail order required a bond, sureties, and compliance with conditions such as regular court appearances and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in a case involving alleged offences under Section 303(2) of the Bharatiya Nyaya Sanhita.
  • Whether the petitioners' clean antecedent and absence of incriminating material justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482
  • Bharatiya Nyaya Sanhita
  • murder
  • theft
  • Patna High Court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13216 of 2026
                    Arising Out of PS. Case No.-289 Year-2025 Thana- DULHIN BAZAR District- Patna
                 ======================================================
           1.     GUDIYA DEVI Wife of Anil Das R/o Vill.- Baidrabad, P.S.- Baidrabad,
                  Dist.- Arwal
           2.    Surbhi Devi Wife of Veerson R/o Vill.- Karaiya, P.S.- Paliganj, Dist.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brij Bihari Tiwary
                 For the Opposite Party/s :      Mr.Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                     Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehended their arrest in

                   connection with Dulhin Bazar P.S. Case No. 289 of 2025, F.I.R

                   dated 03.11.2025 registered for the offences punishable under

                   Section 303(2) of Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, Randhir Kumar,

                   along with his wife visited Ular Suryamandir on 02.11.2025. At

                   about 10:02 A.M., an unknown woman allegedly cut and stole

                   the gold chain worn by his wife and fled from the spot. It is

                   further alleged that upon checking the CCTV footage of the

                   temple, the informant observed the incident and identified that

                   the lady thief escaped by boarding a white colour Scorpio
Patna High Court CR. MISC. No.13216 of 2026(3) dt.01-04-2026
                                            2/3




          vehicle at around 10:09 A.M. However, the registration number

          of the said vehicle could not be clearly seen in the footage.

                      4. Learned counsel for the petitioners submits that the

          name of the petitioners have transpired on the confession made

          by Mantu Ram and the Scorpio, as per the allegation is said to

          have been used for committing the offence which also does not

          belong to these petitioners and the petitioners have clean

          antecedent and nothing incriminating is said to have been

          recovered from the constructive possession of these petitioners.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          and the petitioners have clean antecedent and nothing

          incriminating is said to have been recovered from the

          constructive possession of these petitioners. Accordingly, this

          Court is inclined to grant the privilege of anticipatory bail to the

          petitioners.

                       7. Let the petitioners, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

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

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.13216 of 2026(3) dt.01-04-2026
                                                       3/3




                     satisfaction of the learned Ms. Archana, JMFC, Danapur in

                     connection with Dulhin Bazar P.S. Case No. 289 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure / Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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