Patna High Court
Mithilesh tiwari@ Mithalesh TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80(2)
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
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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
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