Patna High Court
Shakti Prakash PanditversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offence and the imminent conclusion of the trial preclude granting regular bail.
Summary
Shakti Prakash Pandit was arrested in connection with a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged killing of his wife. He applied for regular bail, claiming false implication and asserting no prior criminal record, while offering cooperation with the trial. The prosecution opposed the bail, emphasizing the seriousness of the alleged dowry death offence. The court noted the gravity of the charges and that the trial was nearing its conclusion. Consequently, the court declined to grant bail and dismissed the petitioner's application.
Issues considered
- Whether bail can be granted to an accused of a dowry death (IPC 304B) and abetment (IPC 34) when the trial is close to conclusion
- Whether the accused's claim of false implication and lack of criminal antecedent warrant bail
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- criminal procedure
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19565 of 2026
Arising Out of PS. Case No.-362 Year-2023 Thana- BRAHMPUR District- Buxar
======================================================
Shakti Prakash Pandit S/o Vashisth Pandit @ Basist Pandit R/o Village-
Nimej, P.S.- Brahampur, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Brahampur P.S. Case No. 362/2023 registered for the offences
punishable under Sections 304(B)/34 of the I.P.C.
3. As per the prosecution case, petitioner is accused of
killing his wife along with other co-accused.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further very fairly submits that in the trial all the
witnesses have been examined. Petitioner has no criminal
antecedent and he is in custody since 06.07.2023. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.19565 of 2026(2) dt.29-04-2026
2/2
for regular bail of the petitioner.
6. Considering the gravity of the offence as well as
the fact that the trial is on the verge of conclusion, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…