Patna High Court

Sandeep Sah @ Sandeep KumarversusThe State of Bihar

Decided: 7 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court allowed the petition for regular bail, directing the petitioner to be released on bond subject to conditions.

Summary

The petitioner, Sandeep Sah, was arrested in connection with a dowry‑death case (Chakia PS Case No. 136/2025) under Sections 103(1), 238, 80 and 3(5) of the B.N.S. He claimed innocence, stating the deceased died of illness before reaching a hospital and that the prosecution had examined only three of nine witnesses, causing a trial delay. The petitioner, with a clean antecedent, sought regular bail, relying on a Supreme Court precedent (Pardeep Kumar @ Banu v. State of Punjab) that emphasizes bail when trial progress is slow. The Additional Public Prosecutor opposed bail. The Court, noting the prolonged custody since 02‑04‑2025 and the sluggish trial, granted bail on a bond of Rs.10,000 with two sureties, subject to the condition of cooperation in the trial. Non‑compliance would lead to bail cancellation.

Issues considered

Whether bail should be granted to the accused in a dowry‑death case given the nature of the offences and the delay in trial.
Whether the delay in examination of witnesses and prolonged custody justify regular bail under the B.N.S.

Subjects

bail
dowry death
trial delay
B.N.S. Act
criminal procedure
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21892 of 2026
                   Arising Out of PS. Case No.-136 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Sandeep Sah @ Sandeep Kumar Son of Birgun Sah Resident of Village -
                 Dhobauliya, P.S.- Cahkia, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pravin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Chakia

                   P.S. Case No. 136/2025 registered for the offences punishable

                   under Sections 103(1), 238, 80, 3(5) of B.N.S.

                                3. As per the prosecution case, petitioner is the

                   husband of the deceased and he is alleged to have killed the

                   deceased due to non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that the deceased

                   was ill and before they could reach the hospital, she died. He

                   further submits that in the trial, out of nine witnesses, only three

                   witnesses have been examined and the prosecution is delaying
Patna High Court CR. MISC. No.21892 of 2026(2) dt.07-04-2026
                                            2/3




          the trial. Learned counsel for the petitioner has also relied upon

          the judgment of the Hon’ble Supreme Court in the case of

          Pardeep Kumar @ Banu vs. State of Punjab, passed in SLP

          (Crl.) No. 18775/2025 and submits that since the trial is moving

          at a slow speed, the petitioner may be granted bail. Petitioner

          has clean antecedent and he is in custody since 02.04.2025. The

          petitioner undertakes to co-operate in the case/ trial.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the period of custody and the delay in

          trial, 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 Additional District and Sessions

          Judge-II, East Champaran, Motihari /concerned Court below in

          connection with Chakia P.S. Case No. 136/2025.

                       8. As a condition of this order, the petitioner after

          being released on bail is directed to co-operate in the trial either

          by appearing personally or through his lawyer in the Trial Court

          on each and every date fixed by the Trial Court. Non-

          compliance of the condition will result in cancellation of the bail
              Patna High Court CR. MISC. No.21892 of 2026(2) dt.07-04-2026
                                                          3/3




                        bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

Continue reading with your account

Checking your session…