Patna High Court
DILIP KUMAR NIRALAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 198, 308(5), 316(2), 318(4), 351(2), 351(3), 482, 61(2)
- Criminal Procedure Code — s. 438(2)
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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