Patna High Court
Vikash kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
Vikash Kumar Yadav was charged under IPC sections 304B, 201 and 34 for the alleged dowry‑related murder of his wife. He had been in custody since 2 August 2023 and his repeated bail applications were rejected. The trial court had framed charges on 4 February 2026 and examined one witness, while co‑accused had surrendered in December 2025. The petitioner sought regular bail, undertaking to comply with any conditions. The Patna High Court, after reviewing the trial report and the long custodial period, granted bail on a bond of Rs.10,000 with two sureties, subject to his physical presence at each trial date and possible cancellation for non‑cooperation.
Issues considered
- Whether regular bail should be granted to an accused in a dowry‑death case (IPC 304B) when the trial is ongoing and the accused has been in custody for an extended period.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- regular bail
- IPC 304B
- criminal procedure
- trial delay
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28207 of 2026
Arising Out of PS. Case No.-118 Year-2020 Thana- BARHARA District- Bhojpur
======================================================
Vikash Kumar Yadav son of Birendra Rai @ Virendra Yadav Resident of
village- Shaligram singh ke tola, Ps- Barhara, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 01-05-2026 Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Barhara P.S. Case no.118 of
2020 registered under sections 304B, 201 and 34 of the Indian
Penal Code.
3. As per the prosecution case, the daughter of the
informant who was married to the petitioner herein was tortured
for demand of dowry by way of motorcycle and was ultimately
done to death.
4. Learned counsel for the petitioner submits that the
prayer for bail of the petitioner was rejected on several occasions, the
last being vide order dated 14.11.2025 passed in Cr. Misc. no.67001
of 2025. It is further submitted that inspite of the petitioner having
remained in custody since 2.8.2023, the trial is still continuing and
Patna High Court CR. MISC. No.28207 of 2026(3) dt.01-05-2026
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there is no chance of the same concluding in the near future. The
petitioner undertakes to abide by any condition which may be laid by
this Court for his release on bail.
5. A report was called for from the learned trial Court.
As per the report received contained in letter dated 27.4.2026 of
the District & Additional Sessions Judge-VIII, Bhojpur at Ara,
charge has been framed against all the six accused persons on
4.2.2026 and summons have been issued to the witnesses for
their appearance. One witness has been examined in the trial.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, charge
having been framed in the learned trial Court, the contents of the
supplementary affidavit filed on behalf of the petitioner
according to which co-accused Munna Kumar Rai and
Durgawati Devi have surrendered in the Court of learned Chief
Judicial Magistrate, Bhojpur at Ara on 6.12.2025 and the
petitioner having remained in custody since 2.8.2023, the Court
directs the petitioner to be enlarged on bail in connection with
Barhara P.S. Case no.118 of 2020 (Sessions Trial no.22 of 2026) on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.28207 of 2026(3) dt.01-05-2026
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sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VIII, Bhojpur at Ara on the
following conditions:
(i) The petitioner shall remain physically present in
Court on each date of the trial and shall cooperate in the
case/trial.
(ii) In case the petitioner is absent on any single date
for reasons not to the satisfaction of the learned trial Court or 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 may cancel the bail bond of the petitioner
and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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