Patna High Court
Lakshman Bhandari @ Lakshaman Kumar BhandariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Lakshman Bhandari, husband of a deceased woman, was arrested in connection with a dowry death alleged under Sections 80 and 3(5) of the Bihar Nat. Statutes, 2023. He sought bail, contending that he was abroad in Dubai at the time of the alleged offence, as shown by his passport entries. The petitioner’s counsel submitted the passport copy indicating his presence in the UAE on the date of the incident, arguing that the police had not verified this before filing the charge sheet. The State opposed bail, maintaining the seriousness of the dowry death charge. The Court, after considering the passport evidence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with dowry death under Sections 80 and 3(5) of BNS, 2023
- Whether the passport evidence establishing the petitioner’s presence abroad raises reasonable doubt about his participation in the offence
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial
Subjects
- bail
- dowry death
- passport evidence
- foreign travel
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26254 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- BASOPATTI District- Madhubani
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Lakshman Bhandari @ Lakshaman Kumar Bhandari Son of Dhani Lal
Bhandari R/o Village - Hathapur Parsa, P.S. - Basopatti, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Kumar Suman, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-04-2026 Heard Mr.Saurav Kumar Suman, learned counsel
for the petitioner and Mr.Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
08.10.2025 in connection with Basopatti P.S. Case No. 121 of
2025, F.I.R. dated 22.05.2025 registered for the offence
punishable under Sections 80 and 3(5) of BNS,2023.
3. Allegation against the petitioner is that she
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the daughter
of the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. He has falsely
been implicated in the present case merely on the ground that he
is husband of the deceased. Learned counsel for the petitioner
Patna High Court CR. MISC. No.26254 of 2026(3) dt.21-04-2026
2/3
submits that the marriage was performed with the victim in July
2024 and petitioner was working as a Plumber in
Dubai (UAE) and he has come in India in the month of June
2024 and he has performed the marriage with the victim in July,
2024. Thereafter, he returned Dubai (UAE) on 05.08.2024.
Thereafter the present occurrence took place on 22.05.2025 and
he has returned to India on 27.09.2025 which suggests that on
the date of occurrence he was in Dubai (UAE). Learned counsel
for the petitioner produced the photo copy of the Passport of the
petitioner. From a bare perusal of the photo copy of the Passport
of the petitioner reveals that the aforesaid dates are mentioned in
the Passport of the petitioner and police, without verifying the
same, has made the petitioner as accused in the present case and
the police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 08.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has
produced the Passport which suggests that on the date of
occurrence, he was in Dubai, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.26254 of 2026(3) dt.21-04-2026
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satisfaction of learned Judicial Magistrate, First Class,
Madhubani in connection with Basopatti P.S. Case No. 121 of
2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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