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Patna High Court

Nand Kishor SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties, with conditions of cooperation and appearance.

Summary

The petitioner, Nand Kishor Singh, was arrested in connection with a dowry‑related death case (Asarganj P.S. Case No. 42 of 2025) and charged under Sections 80(2), 238 and 3(5) of the BNS. He contended that the dowry demand was directed at his son, the main accused, and that he was falsely implicated because of his familial relationship. The petitioner sought regular bail, arguing that other co‑accused had been granted bail on similar grounds. The State opposed the bail application. The Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to his cooperation in the trial. The bail was granted with conditions to appear before the court as required.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the charges under Sections 80(2), 238 and 3(5) of the BNS.
  • Whether the petitioner’s alleged false implication and the fact that co‑accused have been granted bail affect the bail decision.

Legislation cited

  • BNS — s. 238, 3(5), 80(2)

Subjects

  • regular bail
  • dowry death
  • false implication
  • co‑accused
  • BNS
  • Sections 80(2)
  • Section 238
  • Section 3(5)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65386 of 2025
                      Arising Out of PS. Case No.-42 Year-2025 Thana- ASARGANJ District- Munger
                 ======================================================
                 Nand Kishor Singh S/o Late Chedi Singh R/o Village- Sajua, Kushwaha Tola,
                 P.S.- Asarganj, District- Munger
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Atul Kumar
                 For the Opposite Party/s :      Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   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 Asarganj P.S. Case No. 42 of 2025, registered for the

                   offences punishable under Sections 80(2), 238 and 3(5) of the

                   BNS.

                                3. The allegation against the petitioner is that he,

                   along with other co-accused persons and family members,

                   caused the death of the informant’s daughter, due to non-

                   fulfilment of demand of dowry, cash of Rs. 2 lakhs, one golden

                   ring and a chain.

                                4. The learned counsel for the petitioner has submitted

                   that the allegation of demand of dowry is against the husband

                   (co-accused Ashish Kumar). The petitioner has falsely been

                   implicated merely because he is the father of the main accused,
           Patna High Court CR. MISC. No.65386 of 2025(2) dt.12-01-2026
                                                       2/2




                     Ashish Kumar. The petitioner has been in custody since

                     30.05.2025. He has further submitted that, on exactly similar

                     footing, other co-accused persons have been granted bail by a

                     co-ordinate Bench of this Court.

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

                     opposed the prayer for bail.

                                  6. 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 Additional Sessions Judge-IV, Munger in connection

                     with Asarganj P.S. Case No. 42 of 2025, 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)

Nirmal/-
U      T


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