Patna High Court
Dilip RajakversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied to petitioner 1 but granted to petitioner 2 subject to conditions.
Summary
The petitioners, Dilip Rajak and Pinki Devi, applied for anticipatory bail fearing arrest in a case (Madhubani P.S. Case No. 135 of 2025) involving alleged kidnapping of a minor and assault on police, charged under Sections 137(2), 140(1), 351(2) and 3(5) of the Bihar Negotiable Substances Act. The court examined the seriousness of the allegations, the risk of tampering with evidence, and the statutory provisions governing anticipatory bail. It held that the allegations against petitioner 1 were sufficiently grave to deny anticipatory bail, directing him to surrender and seek regular bail. Conversely, the court found the allegations against petitioner 2 to be general and omnibus, and therefore allowed anticipatory bail subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 under Section 438 CrPC in view of the specific allegations of kidnapping and assault on police.
- Whether anticipatory bail should be granted to petitioner 2 despite only general and omnibus allegations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- assault on police
- bail conditions
- Criminal Procedure Code
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90241 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- Madhubani T District- Purnia
======================================================
1. Dilip Rajak S/O Hari Rajak R/O Vill.- Harda Bazar Ward no. 2, P.S-
Maranga, District- Purnea
2. Pinki Devi w/o Dilip Rajak R/O Vill.- Harda Bazar Ward no. 2, P.S-
Maranga, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Madhubani P.S. Case No. 135 of 2025
registered for the offence under Sections 137(2), 140(1), 351(2),
3(5) of the BNS.
3. As per the prosecution case, the petitioners went
to the informant’s house and kidnapped her three years old
minor child to grab her property. When the police raided the
house of the petitioners, the petitioners have also assaulted the
police party and the victim has also supported the allegation
against the petitioners after recovery.
Patna High Court CR. MISC. No.90241 of 2025(3) dt.27-02-2026
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4. Considering the allegations levelled against the
petitioners, this Court is not inclined to grant anticipatory bail
to the petitioner no. 01.
5. Accordingly, this application for anticipatory
bail is dismissed with regard to petitioner no. 01.
6. The petitioner no. 01 is directed to surrender in
the Court below within four weeks from today and pray for
regular bail failing which the Superintendent of Police, Purnia
will take all steps for arrest of the petitioner no. 1. If the
petitioner no. 01 surrenders and prays for regular bail then the
Court below will consider the same on its own merits without
being prejudiced by the fact that anticipatory bail application of
the petitioner no. 01 has been dismissed.
7. So far as petitioner no. 02 is concerned, there is
general and omnibus allegation against her and considering the
same, this application is allowed with regard to her.
8. Accordingly, let the petitioner no. 02, 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 Chief Judicial Magistrate,
Patna High Court CR. MISC. No.90241 of 2025(3) dt.27-02-2026
3/3
Purnea/concerned Court below in connection with Madhubani
P.S. Case No. 135 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
9. Let a copy of this order this order be
communicated to the Superintendent of Police, Purnia through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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