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Patna High Court

Rajendra MallahversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioner no.3 subject to the conditions of Section 438(2) CrPC and Section 482 BNS.

Summary

The petitioners feared arrest in a murder case (Bihariganj P.S. Case No. 34 of 2025) involving alleged offences under Sections 80(2), 238(a) and 3(5) of the Bihar Negotiable Securities Act (BNS). Petitioners 1 and 2 withdrew their bail application, which the court dismissed as withdrawn and directed them to surrender within six weeks. Petitioners 3, the sister‑in‑law of the deceased, faced a general allegation and sought anticipatory bail. The court allowed bail for petitioner 3, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS. The order directs her to surrender within four weeks if arrested and to comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to petitioner no.3 under Section 438(2) CrPC and Section 482 BNS.
  • Whether the withdrawal of the application by petitioners 1 and 2 warrants dismissal of their bail request.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • Criminal Procedure
  • Section 438
  • Section 482
  • Bihar Negotiable Securities Act
  • murder allegation
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70875 of 2025
                    Arising Out of PS. Case No.-34 Year-2025 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
           1.     Rajendra Mallah S/o- Prithwi Mallah Village-Baijnathpur, W. No-2, PS-
                  Bihariganj, Dist- Madhepura
           2.    Sita Devi @ Nanki Devi W/o- Rajendra Mallah Village-Baijnathpur, W. No-
                 2, PS-Bihariganj, Dist- Madhepura
           3.    Sulochna Devi @ Sulochna Kumari W/o- Arbind Mallah Village-
                 Baijnathpur, W. No-2, PS-Bihariganj, Dist- Madhepura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Singh
                 For the Opposite Party/s :        Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-03-2026                     Heard the parties.

                                   2.         The petitioners apprehend their arrest in

                   connection with Bihariganj P.S. Case No. 34 of 2025 registered

                   for the offence under Sections 80(2), 238(a), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners and

                   other accused are alleged to have killed the deceased.

                                   4. Learned counsel for the petitioners, at the very

                   outset, prays for and is permitted to withdraw this application

                   filed on behalf of petitioner nos. 1 and 2.

                                   5. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner nos. 1 and 2. They are
          Patna High Court CR. MISC. No.70875 of 2025(3) dt.09-03-2026
                                                      2/2




                    directed to surrender within six weeks from today and pray for

                    regular bail.

                                    6. So far as petitioner nos. 3 is concerned, she is the

                    sister-in-law(Gotni) of the deceased and there is general and

                    omnibus allegation against her.

                                    7. Considering the aforesaid facts, this application

                    is allowed with regard to petitioner no. 3.

                                    8. Let the petitioner no. 3, above named, in the

                    event of her 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

                    SDJM, Udakishunganj/concerned Court below in connection

                    with Bihariganj P.S. Case No. 34 of 2025, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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