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Patna High Court

DILIP KUMAR NIRALAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000 and two sureties, under the conditions of Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioner, Dilip Kumar Nirala, a Sub‑Inspector, sought bail fearing arrest in a case registered under multiple sections of the Bihar Narcotic and Substances Act, 2023, alleging that he demanded Rs 10 lakh from an informant for the solemnisation of a marriage with Aakansha Kumari, which ultimately failed. The court examined whether the seriousness of the alleged offences and the petitioner’s position warranted denial of bail. It held that the bail application could be entertained and that the petitioner was not likely to flee or tamper with evidence. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order was limited to the bail question and did not express any view on the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under the BNSS, 2023.
  • Whether the petitioner is likely to flee, tamper with evidence or otherwise obstruct justice.
  • Whether the provisions of Section 438(2) CrPC and Section 482 BNSS are applicable to the bail application.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438 CrPC
  • Section 482 BNSS
  • extortion
  • marriage fraud
  • police officer
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.38244 of 2026
                     Arising Out of PS. Case No.-17 Year-2026 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 DILIP KUMAR NIRALA S/o- Basudev Das Village- Genjna, P.S.-Imamganj,
                 District- Gaya, Bihar, presently posted as S.I., in police line Dehri on sone
                 P.S.- Dehri on sone, District - Rohtas
                                                                                 ... ... Petitioner
                                                      Versus
                 The State of Bihar                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Surendra Kumar Singh, Advocate
                 For the Opposite Party :         Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2.        The     petitioner       apprehends         arrest       in

                   connection with Ara Mahila P.S. Case No.17 of 2026 registered

                   for the offence under sections 198, 316(2), 318(4), 308(5),

                   351(2), 351(3), 61(2) of the B.N.S., 2023.

                                  3.        The petitioner is said to have demanded

                   Rs.10,00,000/- from the informant for solemnization of his

                   marriage with one Aakansha Kumari.

                                  4.        The petitioner is not the immediate family

                   member of said Aakansha Kumari. It appears that though the

                   marriage proposal was discussed between the parties but it

                   ultimately failed.

                                  5.        Considering        the     aforesaid      facts,     this

                   application is allowed.
            Patna High Court CR. MISC. No.38244 of 2026(2) dt.17-06-2026
                                                        2/2




                                      6.      Let the petitioner, above named, in the event

                      of his arrest or surrender before the concerned Court below

                      within four weeks from today, be released on bail on furnishing

                      bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                      the like amount each to the satisfaction of the learned Sub-

                      Divisional Judicial Magistrate, Bhojpur, Ara / concerned Court

                      below, in connection with Ara Mahila P.S. Case No. 17 of 2026,

                      subject to the conditions laid down in Section 438(2) of the

                      Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                      7.      It is, however, clarified that the observations

                      made herein are limited to the adjudication of the present bail

                      application and shall not prejudice the case of the petitioner at

                      any subsequent stage of the trial and this Court has not express

                      any opinion on the merits of the case.


                                                                     (Sandeep Kumar, J)

pawan/-
U       T


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