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Patna High Court

Priya RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail and allowed the bail application.

Summary

Petitioner Priya Raj was arrested in connection with offences under Sections 103(1), 61(2) and 238 of the BNS and has been in custody since 4 April 2025. She filed a regular bail application after an earlier bail plea was rejected on 7 November 2025. The petitioner highlighted that a co‑accused, Milan Kumar, had been granted bail by a coordinate bench of the same court. The State opposed the bail, but the court considered the length of custody, the nature of the charges and the surrounding circumstances. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Chief Judicial Magistrate, Hajipur.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the earlier denial of bail.
  • Whether the nature of the offences under Sections 103(1), 61(2) and 238 of the BNS warrants denial of bail.
  • Whether the grant of bail to a co‑accused influences the bail decision for the petitioner.

Legislation cited

  • BNS — s. 103(1), 238, 61(2)

Subjects

  • regular bail
  • custody
  • BNS
  • Sections 103, 61, 238
  • High Court
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91796 of 2025
                   Arising Out of PS. Case No.-274 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Priya Raj W/O Jitendra Mahto R/O Daulatpur Chandi Bitauliya, P.S.-
                 Kazipur, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna singh, senior Advocate
                                                  Mr. Nafisuzzoha, Advocate
                                                  Mr. Shabina Talat , Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 For OP 2                 :       Mr. Lalit Kumar singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                          Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                            2. Petitioner seeks regular bail in a case registered for the

                   offences punishable under Sections            103 (1) , 61 ( 2 ) and 238 of

                   BNS.

                            3 . Earlier, the prayer for bail of the petitioner was rejected by

                   this Hon’ble Court vide order dated 07.11.2025 passed in Cr. Misc.

                   No. 59079 of 2025 .

                            4.     Learned counsel for the petitioner submitted that

                   subsequently, co-accused Milan Kumar was allegedly boyfriend of

                   this petitioner has already been granted bail by co-ordinate Bench of

                   this Hon’ble Court vide order dated 15.11.2025 in Cr. Misc. No.

                   66742 of 2025 . Charge has already farmed and case is running for
            Patna High Court CR. MISC. No.91796 of 2025(2) dt.13-02-2026
                                                        2/2




                      prosecution witness. Petitioner is lady and she is in custody since

                      04.04.2025 .

                              5 . Learned A.P.P. for the State vehemently opposes the bail

                      application .



                                    6. Considering the period of custody , aforesaid facts

                      and other circumstances of the case , the bail application is

                      allowed . Let the above named petitioner 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 learned

                      Chief Judicial Magistrate Vaishali at Hajipur in connection with

                      Hajipur Sadar P. S. Case No. 274 of 2025 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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