Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail, granting the petitioner release on bail.
Summary
Sunil Kumar was arrested in July 2023 for allegedly killing his wife, facing charges under Sections 304B, 120B and 34 of the IPC. After an earlier bail application was rejected in November 2024, he filed a second regular bail petition, claiming innocence and citing prosecution delays, including a Section 311 CrPC application. The State opposed the bail. Relying on the Supreme Court’s decision in Pardeep Kumar @ Banu v. State of Punjab (SLP (Crl.) No. 18775/2025), the Patna High Court allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order releases the petitioner on regular bail pending trial.
Issues considered
- Whether regular bail can be granted to an accused of murder/dowry death under Sections 304B, 120B and 34 IPC in view of the facts and delay in trial.
- Whether the precedent set by Pardeep Kumar @ Banu v. State of Punjab (SLP (Crl.) No. 18775/2025) is applicable to the present bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 120B, 304B, 34
Subjects
- regular bail
- murder
- dowry death
- IPC 304B
- IPC 120B
- IPC 34
- CrPC Section 311
- judicial precedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22098 of 2026
Arising Out of PS. Case No.-301 Year-2023 Thana- RAJGIR District- Nalanda
======================================================
Sunil Kumar S/o Rajeshwar Yadav @ Rajesh Yadav R/o Village -
Dharamshala Road, Rajgir, P.S - Rajgir, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Rajgir P.S. Case No. 301/2023
registered for the offences punishable under Sections 304(B),
120(B)/ 34 of the Indian Penal Code. Earlier the bail
application of the petitioner was rejected vide order dated
22.11.2024 passed in Cr. Misc. No. 23042 of 2024.
3. As per the prosecution case, petitioner is accused of
killing his wife. Petitioner is in custody since 12.07.2023.
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 if the
prosecution is delaying the trial, after examination of 10
Patna High Court CR. MISC. No.22098 of 2026(2) dt.08-04-2026
2/2
witnesses, the prosecution has filed an application under Section
311 Cr.P.C. 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 facts and circumstances of the case
as well as in light of 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 , 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 District and Additional Sessions
Judge-Xth, Nalanda at Biharsharif /concerned Court below in
connection with Rajgir P.S. Case No. 301/2023.
(Sandeep Kumar, J)
tusharika/-
U T
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