Created by Fuzzy Cloud

Patna High Court

Navin Kumar @ Naveen MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Navin Kumar, sought bail in a criminal case registered under Sections 103(1), 123 and 3(5) of the B.N.S., alleging that he was falsely implicated in the alleged dowry‑related murder of his wife. The prosecution claimed that the petitioner, along with others, tortured the victim for dowry and that she subsequently died, while the defence argued that the victim had committed suicide and that no external injuries were found in the post‑mortem report. The petitioner had no prior criminal record and had been in custody since July 2025, with charges framed on 21‑04‑2026. The State opposed bail, citing the serious nature of the accusations. The court considered the general and omnibus nature of the accusation, the period of custody, the clean antecedents of the petitioner, and the material that had emerged during investigation, and decided to grant bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
  • Whether the framing of charges and the period of custody preclude the grant of bail
  • Whether the petitioner’s clean antecedents and the post‑mortem findings affect the bail decision

Legislation cited

  • B.N.S. — s. 103(1), 123, 3(5)

Subjects

  • bail
  • dowry death
  • murder
  • suicide
  • post-mortem report
  • charges framed
  • clean antecedents
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11723 of 2026

                   Arising Out of PS. Case No.-1499 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Navin Kumar @ Naveen Mishra S/o Late Shambhunath Mishra R/o Village -
                 Raghopur, Sahbajpur P.S - Ahiyapur, District - Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Rudal Singh, Advocate
                 For the State           :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 123 and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, it is alleged that marriage

                   of daughter of informant was solemnized with this petitioner in

                   the year 2014 and thereafter, all the F.I.R. named accused

                   persons, including this petitioner, committed torture and

                   harassment with the victim due to non-fulfillment of demand of

                   dowry and subsequently, committed her murder.
Patna High Court CR. MISC. No.11723 of 2026(3) dt.24-04-2026
                                            2/3




                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          Informant is not an eye witness to the occurrence. Petitioner has

          falsely been implicated in this case merely because he happens

          to be husband of the deceased. As a matter of fact, the deceased

          herself committed suicide and died during course of treatment.

          As per post mortem report, no external injury was found on the

          person of the deceased. Moreover, charges have already been

          framed against the petitioner on 21.04.2026 and petitioner,

          having no criminal antecedents, is in custody since 23.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody, materials that have surfaced during investigation, fact

          that charges have already been framed against the petitioner and

          clean antecedents, the prayer for grant bail of to the petitioner is

          allowed.

                       7. Accordingly, 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
             Patna High Court CR. MISC. No.11723 of 2026(3) dt.24-04-2026
                                                         3/3




                       satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in

                       connection with Ahiyapur P.S. Case No. 1499 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.