Patna High Court
Sindhu Devi @ Sindhu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482 of the B.N.S.S.
Summary
The petitioners, Sindhu Devi and Krishna Vati Devi, sought anticipatory bail fearing arrest in a theft case (PS Case No. 53 of 2025) under Section 305 of the B.N.S. The prosecution alleged that a bag containing gold and silver was stolen from the complainant's house on 4 April 2025. The petitioners contended they were innocent, had no incriminating material, were not present at the scene, and that the case involved an ongoing land dispute between the parties. They also highlighted that a co‑accused had already been granted bail and that the petitioners have clean antecedents. The court, after considering the lack of material evidence and the land dispute, exercised its power under Section 482 of the B.N.S.S. to grant anticipatory bail subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the B.N.S.S. in the absence of material evidence.
- Whether the allegations under Section 305 of the B.N.S. establish a prima facie case justifying arrest.
Legislation cited
Subjects
- anticipatory bail
- theft
- Section 305
- Section 482
- land dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6591 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
1. Sindhu Devi @ Sindhu Kumari D/o Ghanshyam Pandey R/o Village -
Phulwaria, P.S - Phulwaria, District - Gopalganj
2. Krishna Vati Devi @ Kisvanti Devi W/o Harinath Chaudhur @ Harinath
Singh R/o Village - Phulwaria Madipur, P.S - Phulwaria, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar
For the Opposite Party/s : Mr. Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Phulwaria P.S. Case No. 53 of 2025 for the
offence under Section 305 of the BNS.
3. As per the prosecution story, the informant has
alleged that on 04.04.2025, at about 4:00 PM, when he returned
from his camp in Mirganj to his residence in Madipur, upon
opening the main door he observed that the south side door of
his house was broken. Upon inspection of the house, he found
that the Godrej cupboard and divan beds kept inside the house
were broken, and the items stored within them were scattered.
Patna High Court CR. MISC. No.6591 of 2026(2) dt.04-02-2026
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While examining the contents, he discovered that a bag kept in
the Godrej cupboard had been stolen. The bag contained all the
gold and silver belongings of his family, which have now been
unlawfully taken by unknown persons.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and they have not committed any
offence as alleged, as the prosecution story is totally false,
fabricated and concocted. Nothing incriminating has been
recovered from the conscious possession of the petitioners and
there is no material evidence against the petitioner connecting
them with the alleged occurrence of theft. Petitioners were not
found present at the place of occurrence and they were never put
on T.I. Parade. It is further submitted that other co-accused
person namely Yugul Kishor Singh @ Juglu Chaudhary has
already been granted bail from the Court of learned Principal
Session Judge, Gopalganj on 20.06.2025. A statement has been
made in para 3 of the bail petition that petitioner has clean
antecedent.
5. Learned APP opposes the prayer for bail.
6. During the course of argument, learned counsel for
the petitioners submits that the impugned order itself shows that
as per para 16, 17 and 18 of the case diary, the witnesses have
Patna High Court CR. MISC. No.6591 of 2026(2) dt.04-02-2026
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stated that an admitted land dispute was going on between both
the parties. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate, XVI, Gopalganj, in connection with Phulwaria P.S.
Case No. 53 of 2025 subject to the conditions as laid down
under Section 482 of B.N.S.S., as also with the condition that
one of the bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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