Patna High Court
Kamendra Yadav @ Kamendar 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
The petitioner, Kamendra Yadav, was arrested in September 2025 in connection with a dowry death case (FIR dated 04.06.2025) alleged under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023, corresponding to IPC sections 304(B) and 34. He contended that the FIR was fabricated, he was not present at the scene, and he has a clean antecedent. The State opposed bail, while the petitioner’s counsel argued the allegations were false and the charges unsupported. The court examined the petitioner's claim of innocence and clean record and decided to grant bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made effective pending further trial proceedings.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80 and 3(5) of BNS, 2023 (IPC 304B and 34).
- Whether the petitioner’s clean antecedent and alleged falsity of the FIR justify bail.
- What conditions, if any, are appropriate for granting bail in such a case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 80
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- IPC 34
- clean antecedent
- false FIR
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3100 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Kamendra Yadav @ Kamendar Kumar S/o Bacha Yadav Resident of Village-
Sakaddi, PS- Koilwar, Dist- Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rama Kant Singh, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr.Rama Kant Singh, learned counsel for the
petitioner, learned counsel for the informant and Mr.Ashok
Kumar Singh, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
18.09.2025 in connection with Koilwar P.S. Case No. 141 of
2025, F.I.R. dated 04.06.2025 registered for the offence
punishable under Sections 80 and 3(5) of BNS,2023
corresponding to 304(B) and 34 of IPC.
3. Allegation against the petitioner is that he
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.3100 of 2026(2) dt.20-01-2026
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that the informant himself
stated in the FIR that the petitioner has performed the marriage
with his sister and informant has not alleged anything against
the petitioner in the FIR and informant stated that the petitioner
was not present at the place of occurrence and informant has
alleged against other family members of the petitioner in the
FIR and the police, after investigation, submitted chargesheet
against the petitioner under Section 108 of BNS and the
petitioner is in custody since 18.09.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, 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
learned C.J.M., Bhojpur at Ara in connection with Koilwar P.S.
Case No. 141 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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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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