Patna High Court
Rajendra MallahversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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 Petitioners 1 and 2 withdrew their bail application, which the court dismissed as withdrawn and directed them to surrender within six weeks.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
- Bihar Negotiable Securities Act — s. 238(a), 3(5), 482, 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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/-
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