Created by Fuzzy Cloud

Patna High Court

Mithilesh tiwari@ Mithalesh TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioner's application for regular bail.

Summary

Mithilesh Tiwari was arrested in connection with a dowry‑related homicide alleged under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was innocent, had a clean antecedent, and was merely the brother‑in‑law of the deceased. The State opposed his request for regular bail, citing the seriousness of the charge. The Patna High Court, after considering the general and omnibus allegations, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of dowry‑related homicide under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • murder
  • Bharatiya Nyaya Sanhita
  • prima facie
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21817 of 2026
                   Arising Out of PS. Case No.-570 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Mithilesh tiwari@ Mithalesh Tiwari Son of Late Ramyash Tiwari Resident of
                 Village - Ramkaran Pakadi, P.S. - Chakiya, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                                                  Mr. Harsh Shashwat
                 For the Opposite Party/s :       Ms. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Chakia P.S. Case No. 570 of 2025 registered for the offence

                   under Section(s) 80(2) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                 3. As per the prosecution case, the petitioner along

                   with others is accused of killing the deceased due to the non-

                   fulfillment of the dowry demand.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 16.01.2026 and claims clean

                   antecedent. It is further submitted that the petitioner is the
            Patna High Court CR. MISC. No.21817 of 2026(2) dt.07-04-2026
                                                        2/2




                      brother of the husband of the deceased and there is general and

                      omnibus allegation against the petitioner.

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

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      and the general and omnibus allegation against the petitioner,

                      this application for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Chakia P.S. Case

                      No. 570 of 2025.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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