Patna High Court

Dharmendra PatelversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was denied as the Court was not inclined to grant it in the circumstances.

Summary

The petitioner, Dharmendra Patel, was arrested on 3 November 2025 in connection with a murder case (Kesariya P.S. Case No. 496 of 2025) alleged under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita. He claimed he did not kill his wife, the deceased, and sought bail, arguing that as the husband he merely needed to explain the cause of death. The State opposed the bail application. The Court examined the seriousness of the offence and the fact that the petitioner was caught on the spot, concluding that bail was not appropriate. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to the accused under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita in a murder case.

Legislation cited

Bharatiya Nyaya Sanhita — s. 3(5), 80(2)

Subjects

bail
murder
criminal procedure
Bharatiya Nyaya Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17431 of 2026
                   Arising Out of PS. Case No.-496 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Dharmendra Patel S/o- Vishwanath Patel R/v- Dhekaha, W.No-2, Ps-
                 Kesariya Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhishek Kumar, Advocate
                 For the State           :        Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Kesariya P.S. Case No. 496 of 2025 registered for the offence

                   punishable under Sections 80(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                 3. The petitioner is the husband of the deceased. He is

                   alleged to have killed the deceased. He was caught on the spot.

                                 4. Though, learned counsel for the petitioner submits

                   that the petitioner is not involved in killing of the deceased but

                   the petitioner, being the husband, staying with his wife in the

                   same house is required to explain the cause of death of the

                   deceased.

                                 5. The petitioner is in custody since 03.11.2025.
           Patna High Court CR. MISC. No.17431 of 2026(2) dt.16-03-2026
                                                       2/2




                                  6. In these circumstances, I am not inclined to grant

                     bail to the petitioner.

                                  7. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

Continue reading with your account

Checking your session…