Patna High Court

Binod Kumar Rai @ Bina Kumar RaiversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing him to furnish a bail bond and sureties.

Summary

The petitioner, Binod Kumar Rai, applied for regular bail in a case registered under Sections 103(3)(5) of the BNS concerning the alleged murder of an informant's daughter. The prosecution alleged that four sisters-in-law and a brother-in-law killed the victim, with no direct accusation against the petitioner. The petitioner’s counsel argued that he is innocent, has a clean record, and has been in custody for about nine months without any specific allegation against him. The State opposed bail, but the court noted the FIR does not name the petitioner and considered the lengthy pre‑trial detention. Consequently, the court directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties, granting regular bail subject to cooperation with the trial.

Issues considered

Whether regular bail should be granted to the petitioner under Sections 103(3)(5) of the BNS despite the seriousness of the alleged offence
Whether the absence of any specific allegation against the petitioner in the FIR justifies bail

Legislation cited

BNS — s. 103(3)(5)

Subjects

bail
regular bail
criminal procedure
Sections 103
BNS
pre‑trial detention
dowry
mental torture

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58125 of 2025
                   Arising Out of PS. Case No.-216 Year-2024 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Binod Kumar Rai @ Bina Kumar Rai S/o Jaideo Rai Resident of village-
                 Chakka Ishapur, PS- Bhagwanpur, Dist- Begusarai
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sudhanshu Prakash
                 For the State           :       Mr. Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   12-01-2026                      Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection with

                   Bhagwanpur P.S. Case No. 216 of 2024, registered for the offences

                   punishable under Sections 103(3)(5) of the BNS.

                                3. As per the prosecution story, informant’s daughter was

                   frequently tortured over the past six years due to infertility. On

                   27.07.2024, four sister-in-laws (gotnis) and brother-in-law (bhaisur)

                   of the informant’s daughter killed her by hanging.

                                4. The learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.

                   He has further submitted that there is no allegation of demand of

                   dowry. So far as allegation of infliction of mental torture is

                   concerned, that is not against the petitioner rather it is against four

                   gotnis (sisters-in-law) and the bhaisur (brother-in-law) of the
             Patna High Court CR. MISC. No.58125 of 2025(4) dt.12-01-2026
                                                         2/2




                       deceased. He has also submitted that the petitioner is a person of

                       clean antecedent and is under custody since 14.04.2025 i.e. for near

                       about nine months.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6. The FIR itself shows that there is no allegation against

                       the petitioner and he is in custody for near about nine months.

                                    7.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to furnish

                       bail bond and on doing so, the court below shall release the petitioner

                       on bail on furnishing bail bonds of Rs.10,000/- with two sureties of

                       the like amount each to the satisfaction of learned Principal Sessions

                       Judge, Begusarai in connection with Bhagwanpur P.S. Case No. 216

                       of 2024, subject to the following conditions that the petitioner shall

                       cooperate in the disposal of trial and make himself available as and

                       when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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