Patna High Court
Vikash Kumar @ Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bail bond and conditions.
Summary
Vikash Kumar, the elder brother of the husband of a deceased woman, was arrested in a dowry death case under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming false implication, no prior criminal record, and willingness to cooperate with the investigation. The State opposed bail, arguing that the petitioner faces the same serious allegations as the co‑accused and that the witnesses support the prosecution. The court noted that the allegations were general, the petitioner had been in custody since 14‑02‑2026, and the co‑accused husband had already been granted bail. Considering these factors, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties and subject to conditions of cooperation and representation in trial.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the serious dowry‑death allegations.
- Whether the petitioner’s familial relationship to the deceased and the existence of general, omnibus allegations justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- dowry death
- regular bail
- Bharatiya Nyaya Sanhita
- section 80
- section 3(5)
- criminal procedure
- bail bond
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23869 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Vikash Kumar @ Vikash Singh S/O Late Bhagwati Singh R/O Kauriya
Baishyatoli(Kauriya Bastoli), P.S.- Bhagwanpur Hat, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
For the Informant : Mr. Sunil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhagwanpur Hat P.S.
Case no.157 of 2025 registered under sections 80 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her daughter who was married to Basant Kumar Singh was
tortured by the accused persons including the petitioner herein
for non-fulfillment of demand of dowry by way of a car and
Rs.10 lacs in cash and was finally done to death.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He happens to
be the elder brother of the husband of the deceased and has no
Patna High Court CR. MISC. No.23869 of 2026(2) dt.16-04-2026
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concern with the affairs of the deceased or her husband. The
allegations are general and omnibus in nature. The petitioner is
in custody since 14.2.2026 and has no criminal antecedent. He
undertakes to cooperate in the investigation/trial and to abide by
all conditions which may be laid by this Court for his release on
bail. It is finally submitted that the husband of the deceased
Basant Kumar Singh has been enlarged on bail vide order dated
2.4.2026 passed in Cr. Misc. no.2732 of 2026.
5. The application for bail is opposed by learned A.P.P.
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is allegation against
all the accused persons including the petitioner herein. The
witnesses in course of investigation have supported the
prosecution case also against this petitioner. So far as the co-
accused Basant Kumar Singh is concerned, he was enlarged on
bail only after having remained in custody for about nine
months. As such, the application for bail of this petitioner be
rejected.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner
who happens to be the bhaisur (elder brother of the husband) of
the deceased, the allegations being general and omnibus in
Patna High Court CR. MISC. No.23869 of 2026(2) dt.16-04-2026
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nature, the petitioner having remained in custody since
14.2.2026 and grant of bail to co-accused husband of the
deceased ie Basant Kumar Singh by the aforesaid order dated
2.4.2026, the Court directs the petitioner to be enlarged on bail
in connection with Bhagwanpur Hat P.S. Case no.157 of 2025
on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Additional Sessions Judge IX, Siwan on
the following conditions:
(i) The petitioner shall remain properly represented on
each date of the case/trial and shall cooperate in the trial.
(ii) In case the learned trial Court is of the opinion
that the trial is being delayed due to non-cooperation on part of
the petitioner, the learned trial Court will be at liberty to cancel
the bail bond of the petitioner and take him into custody till
conclusion of the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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