Patna High Court
Nandkishor Ray @ Nand Kishore Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The petitioners are entitled to anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Nandkishor Ray and Kawal Rai, feared arrest in a dowry‑death case (Bhopatpur PS Case No.53 of 2025) alleging they killed the informant's daughter. They contended that the petitioner‑1 was the deceased's father‑in‑law and petitioner‑2 a friend of the husband, and that the family was falsely implicated. They highlighted that other co‑accused had been acquitted and the informant admitted filing the FIR at another's instigation, asserting the death was natural. The State opposed their anticipatory bail application. The High Court, considering the clean antecedents and the evidentiary material, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita, imposing specific conditions. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the dowry‑death allegations.
- Whether the existence of prior acquittals of co‑accused and the informant's admission affect the bail decision.
- Whether the petitioners' clean criminal antecedents warrant bail despite the serious nature of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 482(2), 80
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 80
- Section 238
- Section 3(5)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42100 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- Bhopatpur District- East Champaran
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1. Nandkishor Ray @ Nand Kishore Prasad Yadav, Son of Late Hira Rai
Resident of village- Dasauta Bairiya, Ps- Bhopatpur, Dist- East Champaran
2. Kawal Rai, Son of Late Motilal Rai @ Basantilal Rai Resident of village-
Patpariya, Ps- Kalyanpur, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Bhopatpur P.S. Case No.53 of 2025 registered for the
offences under Sections 80, 238, 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The allegation against the petitioners is that they,
along with other co-accused persons, had killed the daughter of
the informant due to non-fulfillment of the demand of dowry.
Patna High Court CR. MISC. No.42100 of 2026(2) dt.01-07-2026
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4. Learned counsel for the petitioners submits that the
petitioner no.1 happens to be the father-in-law of the deceased
while petitioner no.2 is the friend of the husband of the
deceased. It has further been submitted that the entire family has
falsely been implicated in this case and in fact the trial of the
other co-accused persons had commenced and from the perusal
of the judgment, wherein the said accused persons have been
acquitted, giving the benefit of doubt, on account of the fact that
the informant had not supported the prosecution case but rather
from his evidence, it was clear that the daughter-in-law of
petitioner no.1 died a natural death. In the said evidence, the
informant has also accepted that he had lodged the FIR at the
instigation of another person. It has lastly been submitted that
taking the same into account, the petitioners, who carry clean
antecedents, may be released on bail.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.42100 of 2026(2) dt.01-07-2026
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bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Bhopatpur P.S. Case No.53 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
Patna High Court CR. MISC. No.42100 of 2026(2) dt.01-07-2026
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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