Patna High Court
Alo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Alo Devi and Bandhan Kumari, women related to the main accused, were named in an FIR for the murder of the informant's father arising out of a land dispute. The informant claimed to have heard the assault and saw the petitioners fleeing, but the petitioners argued they were not eyewitnesses and were implicated solely on suspicion. The State opposed anticipatory bail, asserting their flight indicated involvement. The court noted the petitioners' clean antecedents and the prima facie nature of the allegations, and ordered that they be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in view of the FIR allegations.
- Whether the petitioners' alleged presence at the scene constitutes sufficient grounds to deny bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- murder
- land dispute
- gender
- clean antecedent
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26524 of 2026
Arising Out of PS. Case No.-583 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
1. Alo Devi Wife of Late Suresh Mahto Resident of Village- Mathura, P.S.-
Bidupur, District- Vaishali
2. Bandhan Kumari D/o Dileep Mahto @ Dilip Singh Resident of Village-
Mathura, P.S.- Bidupur, District- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr.Girish Chandra Jha, Advocate
For the State : Mr.Rajendra Singh Shashtri, APP
For the Informant : Mrs.Bela Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Bidupur P.S. Case
No. 583 of 2025 registered for the offences punishable under
Sections 103(1), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’).
3. As per FIR, the petitioners and other co-accused
persons alleged to involve in committing murder of father of the
informant by assaulting through Lathi, where occurrence alleged
to be taken place due to land dispute.
4. Learned counsel appearing on behalf of the petitioners
submitted that informant is not the actual eye witness of the
Patna High Court CR. MISC. No.26524 of 2026(2) dt.30-04-2026
2/3
occurrence as per FIR. It is submitted that 8-10 persons
equipped with lathi in their hand taking his father inside the
Banana orchard and when the informant reached near to that
orchard, he heard the sound of assault due to indiscriminate
assault made by using lathi. It is submitted that when the
informant finally reached at the place of occurrence, he saw in
the light of electricity that petitioners along with other co-
accused persons were running away from the place of
occurrence. It is submitted that both petitioners are ladies and to
harass the entire family due to land dispute, they were
implicated with the present crime in question.
5. It is submitted that petitioner no. 1 implicated due to
wife of accused Suresh Mahto and petitioner no. 2 implicated as
she is the daughter of accused Dilip Mahto. It is pointed out that
informant merely on the basis of suspicion that petitioners were
found running, implicated them with the present crime in
question. Both petitioners are women of clean antecedent.
6. Learned A.P.P. for the State duly assisted by Mrs.
Bela Singh, learned counsel appearing for the informant, while
opposing the prayer for anticipatory bail of the petitioners,
submitted that petitioners were found running away from the
place of occurrence immediately after the occurrence, which
Patna High Court CR. MISC. No.26524 of 2026(2) dt.30-04-2026
3/3
suggest that they were involved in the crime in question.
7. In view of the aforesaid factual submissions and by
taking note of the fact as both the petitioners are ladies of clean
antecedent, where their implication prima facie appears being
female family members of the main co-accused persons,
accordingly, the two above-named petitioners, in the event of
their arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate - 1st Class, Vaishali at Hajipur/concerned court in
connection with Bidupur P.S. Case No. 583 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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