Patna High Court

Dhaniya DeviversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Dhaniya Devi and Tara Devi, were named accused in an FIR for murder under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, stemming from a land dispute with the informant whose father was allegedly murdered. They applied for anticipatory bail, asserting their innocence and that the case is based solely on suspicion with no material evidence linking them to the crime. The State and the informant opposed the bail. The Court examined the nature of the accusation, the lack of substantive proof, and the pending land title suit, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that if the petitioners are arrested or surrender within eight weeks, they may be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners when the case is based only on suspicion and no material evidence.
Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are sufficient for granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 103, 3(5)

Subjects

anticipatory bail
murder
land dispute
suspicion
bail bond
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30497 of 2025
                   Arising Out of PS. Case No.-740 Year-2024 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
           1.     Dhaniya Devi W/O Dhirendra Prasad Resident of Vill- Bhopatpur,
                  Bharatiya, P.S- Lakdinabiganj, Distt.- Siwan.
           2.    Tara Devi @ Taramati Kumari W/O Pawan Kumar Resident of Vill-
                 Bhopatpur, Bharatiya, P.S- Lakdinabiganj, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, A.P.P.
                 For the Informant        :      Mr. Javed Aslam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   08-01-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 103, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. Informant suspects that on account of land dispute,

                   all the F.I.R. named accused persons, including these petitioners,

                   committed murder of his father.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.

                   Petitioners are pattidars of the informant and there is admitted

                   land dispute between them for which Title Suit No. 326/99 is
              Patna High Court CR. MISC. No.30497 of 2025(5) dt.08-01-2026
                                                          2/2




                        pending. Petitioners have been made accused in this case only

                        on suspicion. Save and except suspicion, there is no other

                        material available on record to show complicity of this

                        petitioner in the alleged crime.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation and other facts

                        and circumstances of the case, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioners in the event

                        of their arrest/surrender before the court below within a period

                        of eight weeks from today, be enlarged on bail on furnishing

                        bail-bond of Rs. 10,000/- (ten thousand) each with two sureties

                        of the like amount each to the satisfaction of learned Chief

                        Judicial Magistrate, Siwan in connection with Siwan Muffasil P.

                        S. Case No. 740 of 2024, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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