Created by Fuzzy Cloud

Patna High Court

Kamendra Yadav @ Kamendar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.3100 of 2026(2) dt.20-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.