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Patna High Court

Sindhu Devi @ Sindhu KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       3/3




                     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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