Patna High Court
Meera DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Meera Devi sought anticipatory bail fearing arrest in a murder case (Tiyar P.S. Case No. 07 of 2026) under Sections 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged her involvement in the killing of an informant’s husband, while her counsel argued that the allegations were vague, she had no criminal antecedent, and four co‑accused were already in custody. The State opposed the bail. The Court noted the lack of specific charges against the petitioner, her clean record, and the fact that other accused were already detained. Accordingly, it granted anticipatory bail, subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the B.N.S.S., including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite vague allegations of involvement in murder
- Whether the petitioner’s lack of antecedent and the custody of co‑accused justify granting bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5), 482(2)
Subjects
- anticipatory bail
- murder
- vague allegations
- no antecedent
- Section 103
- Section 3(5)
- Section 482
- Bhartiya Nyaya Sanhita
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44600 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- TEYAR District- Bhojpur
======================================================
Meera Devi Wife of Dhudhali Mahto @ Ghughali Mahto Resident of Village
- Utardahan, P.S. - Tiyer, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Tiyar P.S. Case No. 07 of 2026 dated 07.02.2026 registered
for the offence punishable under Section/s 103, 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, the accusation against the
petitioner is of being involved in committing murder of the
informant’s husband in connivance with the other co-accused
persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
instant case. It is submitted that the allegation of assault as
against the petitioner is not specific rather the same is general
Patna High Court CR. MISC. No.44600 of 2026(2) dt.08-07-2026
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and omnibus in nature. It is next submitted that the co-accused
Rehana Khatoon, against whom there is an allegation of calling
the other co-accused persons to assault the Informant, has
already been given privilege of anticipatory bail vide order
dated 06.05.2026 passed by a Co-ordinate Bench of this Court
in CWJC No. 29896 of 2026. It is further submitted that for an
allegation of assault, though not being specific, four persons
namely Yogendra Mahto, Suraj Kumar, Mukesh Kumar and the
husband of the petitioner namely Dhudhali Mahto have already
been taken into judicial custody. Lastly, it is submitted that the
petitioner bears no antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that for same and similar allegation, four
persons have already been taken into judicial custody and there
being nothing specific against the petitioner, who is a lady and,
as also, the petitioner having no criminal antecedent, let the
petitioner, above named, be released on anticipatory bail in the
event of her arrest or surrender before the court below within a
period of six weeks from today on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.44600 of 2026(2) dt.08-07-2026
3/3
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-VII, Bhojpur at Ara in connection with Tiyar
P.S. Case No. 07 of 2026, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner 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 her 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.
(Ajit Kumar, J)
rishi/-
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