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Patna High Court

Vikash kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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