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Patna High Court

Binay Kumar @ Binay Rai @ Vinay Kumar @ Vinay RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the application for regular bail, granting provisional bail subject to confirmation after the DNA test report.

Summary

The petitioner, Binay Kumar, was arrested in connection with a murder case (PS Case No. 496 of 2024) and charged under Sections 85, 140(1), 61(2) and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleges that he killed the deceased, while the petitioner contends that he is innocent, the alleged victim is alive, and a DNA test on one of the recovered bodies is pending. He pleaded for regular bail, asserting a clean antecedent and willingness to cooperate with the trial. The Additional Public Prosecutor opposed the bail, citing the seriousness of the offences. The High Court, after considering the circumstances and the pending DNA report, granted provisional bail on a bond of Rs.10,000 with two sureties, directing that the bail be confirmed by the trial judge once the DNA results are received.

Issues considered

  • Whether regular/provisional bail can be granted in a murder case pending DNA evidence.
  • Whether the pending DNA test justifies the grant of bail despite serious charges under the B.N.S. and Dowry Prohibition Act.

Legislation cited

Subjects

  • bail
  • regular bail
  • provisional bail
  • DNA testing
  • murder
  • dowry prohibition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43774 of 2026
                      Arising Out of PS. Case No.-496 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Binay Kumar @ Binay Rai @ Vinay Kumar @ Vinay Rai son of Ram Eqbal
                 Rai Resident of Village- Nand Gola, Pirdamariya Ghat, Ps- Malsalami, Dist-
                 Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pratik Mishra, Advocate
                 For the Opposite Party/s :       Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks regular bail in the present case

                   registered for the offences punishable under Sections 85, 140(1),

                   61(2) and 3(5) of the B.N.S. and Sections 3/ 4 of Dowry

                   Prohibition Act.

                                3. As per the prosecution case, petitioner is alleged to

                   have killed the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that the victim

                   girl is alive and has left her husband. It is further submitted that,

                   out of the two bodies recovered, a sample from one body has
              Patna High Court CR. MISC. No.43774 of 2026(2) dt.06-07-2026
                                                          2/2




                        been sent for DNA testing, and the report is still awaited .

                        Petitioner claims clean antecedent and he is in custody since

                        15.07.2025. The petitioner undertakes to co-operate in the case/

                        trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on provisional bail on furnishing bail bonds of Rs.

                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned District and Additional

                        Sessions Judge II, Patna City, Patna /concerned Court below in

                        connection with Malsalami P.S. Case No. 496 of 2024.

                                     8. The provisional bail granted to the petitioner shall

                        be considered for confirmation by the learned Trial Judge after

                        report of D.N.A. test is received and an appropriate order shall

                        be passed by the learned Trial Judge in accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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