Patna High Court
Vijendra Ram @ Vijendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Vijendra Ram, the petitioner, has been in custody since 15 January 2021 in connection with a case involving alleged arson of a victim's daughter over a dowry dispute, with charges under Sections 341, 323, 498(A), 307, 34 and 304(B) of the IPC. The petitioner contends that he was not present at the incident, has a clean antecedent, and that the FIR is fabricated, asserting that he was implicated merely as the deceased's husband. The trial court report indicates that all charge‑sheeted witnesses have been examined, but a key official witness has not yet appeared, and the trial is expected to continue beyond the hearing date. The petitioner has been detained for more than five years without trial, prompting a bail application. The High Court, after considering the prolonged pre‑trial detention and the pending status of the trial, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner given the prolonged pre‑trial detention of over five years.
- Whether the nature of the offences and the stage of the trial justify denial of bail under Section 439 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311, 439
- Indian Penal Code — s. 304, 307, 323, 34, 341, 498
Subjects
- bail
- pre‑trial detention
- dowry dispute
- arson
- IPC offences
- trial delay
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2920 of 2026
Arising Out of PS. Case No.-16 Year-2021 Thana- MANIYARI District- Muzaffarpur
======================================================
Vijendra Ram @ Vijendra Kumar Son of Naresh Ram Resident of Village-
Purusottampur, P.S.- Maniyari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-05-2026 Heard Mr. Satyendra Narayan Singh, learned
counsel for the petitioner and Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.01.2021 in connection with S.T. No. 102 of 2022 arising out
of Maniyari P.S. Case No. 16 of 2021, F.I.R. dated 14.01.2021
for the offences punishable under Sections 341, 323, 498(A),
307 and 34 of the IPC and later on Section 304(B) of the IPC
was added.
3. According to prosecution case, all the accused
persons including this petitioner set ablaze the informant's
daughter due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. In fact, the petitioner was not
present at the time of occurrence and he has been made accused
merely on the ground that he is husband of the deceased. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 15.01.2021 and the trial is not in progress.
5. Vide order dated 03.04.2026, a report was called for
with regard to the stage of trial. Report of the learned Trial
Court dated 16.04.2026 reveals that "(3) That out of 06 (six)
Chargesheeted witnesses, all the chargesheeted witnesses have
been examined in this case. The Prosecution witness was closed
on 08.07.2025. Then application u/s 311 crpc, to call the
witness filed on 06.08.2025, which was allowed on 23.12.2025.
The official witness circle officer, Kudhni, before whom
fardbeyan of deceased was recorded not appeared yet as
witness. The case is pending for the evidence of aforesaid
witness. The next date is fixed on 27.04.2026 for evidence."
6. Learned counsel for the petitioner submits that in
view of the report of the learned Trial Court, the trial is not
likely to be concluded in the near future and the petitioner is in
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custody since 15.01.2021 i.e., more than five years.
7. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances,
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 satisfaction of the learned District &
Additional Sessions Judge-VIII, Muzaffarpur in connection with
S.T. No. 102 of 2022 arising out of Maniyari P.S. Case No. 16 of
2021, subject to 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 absence on two consecutive dates without sufficient
reason, his 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
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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)
Vanisha/-
U T
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