Patna High Court
Binay Kumar @ Binay Rai @ Vinay Kumar @ Vinay RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 140(1), 3(5), 61(2), 85
- Dowry Prohibition Act — s. 3, 4
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
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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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