Patna High Court

Vinay BhartiversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner, finding the circumstances sufficient to justify release pending trial.

Summary

The petitioner, Vinay Bharti, was arrested in connection with a murder case (PS Garakha Case No. 781/2024) alleged under Sections 103(1) and 3(5) of the B.N.S., later amended to include Section 108. The prosecution alleged that the petitioner, as husband of the deceased, participated in dowry‑related cruelty and the eventual strangulation of his wife. The petitioner contended he was innocent, that the death was a suicide arising from a family feud, and that he had no prior criminal record. The State opposed bail, while the petitioner’s counsel highlighted the lack of an eye‑witness, clean antecedents, and the circumstances of custody. The Court, after considering the material, granted bail on a bond of Rs.10,000 with two sureties, ordering his release.

Issues considered

Whether bail should be granted to the petitioner accused of murder and dowry‑related offences under Sections 103(1), 108 and 3(5) of the B.N.S.
Whether the petitioner’s claim of innocence and lack of prior criminal record warrant bail despite the seriousness of the charges

Legislation cited

B.N.S. — s. 103(1), 108, 3(5)

Subjects

bail
dowry death
murder
criminal procedure
Section 103
Section 108
Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.40 of 2026

                        Arising Out of PS. Case No.-781 Year-2024 Thana- GARKHA District- Saran
                 ======================================================
                 Vinay Bharti S/o Sri Mukti Nath Bharti Resident of village - Phulwariya,
                 Pharusa, P.S.- Garakha, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Vijay Kumar Sinha, Advocate
                 For the State           :        Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, daughter of informant was

                   married to this petitioner in the year 2014 as per Hindu rites and

                   rituals and after the marriage, she was subjected to cruelty and

                   harassment by the F.I.R. named accused persons, including this

                   petitioner, for dowry and lastly on 18.12.2024, the grandson

                   (ukrh) informed the informant that the accused persons killed
Patna High Court CR. MISC. No.40 of 2026(2) dt.13-02-2026
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          informant’s daughter by strangulation.

                       4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence.

          Informant is not an eye witness to the occurrence. Petitioner has

          falsely been implicated in this case merely because he happens

          to be husband of the deceased. As a matter of fact, due to family

          feud,     the    deceased       committed         suicide.   After   detailed

          investigation, police submitted charge-sheet against this

          petitioner under Sections 108 and 3(5) of the B.N.S.. Petitioner

          has got no criminal antecedents and he is in custody since

          17.03.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation,

          clean antecedents of the petitioner and period of custody, the

          prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner 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 J.M. First Class, Saran at Chapra in
             Patna High Court CR. MISC. No.40 of 2026(2) dt.13-02-2026
                                                         3/3




                       connection with Garakha P.S. Case No. 781 of 2024.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T

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