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Patna High Court

Abhimanyu Kumar @ BantiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the petitioner was implicated in serious offences and the trial had already commenced.

Summary

The petitioner, Abhimanyu Kumar, was arrested in connection with a case registered under Sections 304B, 201 and 34 of the Indian Penal Code. He applied for regular bail, claiming false implication by the informant and having been in custody since March 2025. The court noted that the trial had already commenced and two witnesses had been examined. The State opposed the bail, emphasizing the seriousness of the offences. After hearing both sides, the court was not persuaded to grant bail and consequently rejected the petitioner's application.

Issues considered

  • Whether the petitioner is eligible for regular bail in a case involving offences under Sections 304B, 201 and 34 of the IPC
  • Whether the commencement of trial and examination of witnesses affect the grant of bail

Legislation cited

Subjects

  • bail
  • IPC 304B
  • dowry death
  • regular bail
  • trial commencement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13087 of 2026
                     Arising Out of PS. Case No.-269 Year-2023 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Abhimanyu Kumar @ Banti S/o Amrendra Yadav R/o Village - Barhatha,
                 Ward No. 17, P.S - Kishanpur, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Kishanpur P.S. Case No. 269 of 2023 registered for the offences

                   punishable u/ss 304B, 201 read with Section 34 of the Indian

                   Penal Code.

                                3. This is the second attempt of the petitioner to seek

                   regular bail. It is further submitted that petitioner had earlier

                   moved this court seeking regular bail by filing Cr. Misc.

                   No.39775 of 2025 and the same came to be rejected by an order

                   dated 14.08.2025 passed by a learned coordinate Bench. It is

                   submitted that petitioner being husband has been falsely

                   implicated in the instant case by the informant and is in custody

                   since 11.03.2025.
             Patna High Court CR. MISC. No.13087 of 2026(2) dt.05-05-2026
                                                         2/2




                                    4. On query of the court that as to whether trial has

                       commenced or not, on which, the learned counsel appearing on

                       behalf of the petitioner fairly submits that trial has commenced

                       and two witnesses have been examined.

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

                       petition of the petitioner.

                                    6. After hearing the learned counsel for the parties, the

                       court is not inclined to release the petitioner on bail.

                                    7. The regular bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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