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Patna High Court

Meera DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U         T


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