Patna High Court
Priya RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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