Patna High Court

Gulshan KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED

Holding

Bail was granted subject to verification of the witness examination claim and the furnishing of a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Gulshan Kumar, was arrested in connection with a case registered under Sections 304B, 201 and 34 of the Indian Penal Code for the alleged killing of his wife. He contended that the death was due to natural illness and that he was falsely implicated. Counsel highlighted that the trial had progressed slowly, with only two of eight witnesses examined, and that the petitioner had been in custody since 17 June 2025. Considering the prolonged detention, the seriousness of the allegations, and the delay in trial, the High Court allowed the bail application. The court ordered release on a bail bond of Rs.10,000 with two sureties, subject to verification of the claim that only two witnesses had been examined, and clarified that the order was limited to the bail application and did not prejudice the merits of the case.

Issues considered

Whether bail should be granted to the accused in a case involving Sections 304B, 201 and 34 IPC given the seriousness of the offence, period of custody, and delay in trial.

Legislation cited

Indian Penal Code — s. 201, 304B, 34

Subjects

bail
murder
dowry death
trial delay
witness examination
Indian Penal Code
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68189 of 2025
                       Arising Out of PS. Case No.-77 Year-2023 Thana- MAHNAR District- Vaishali
                 ======================================================
                 Gulshan Kumar Son of Nisibi Paswan R/O Village - Lawapur, P.S.- Mahnar,
                 Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prabhat
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Mahnar P.S. Case No. 77 of 2023 registered for the offence

                   under Sections 304(B), 201/34 of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner is

                   accused of killing his wife.

                                   4. The petitioner is in custody since 17.06.2025.

                   Learned counsel for the petitioner has submitted that the

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the deceased had fallen ill and

                   because of the same, she died. He next submits that the

                   deceased was treated in the hospital for her ailment but she

                   could not survive.
Patna High Court CR. MISC. No.68189 of 2025(8) dt.16-04-2026
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                          5. Learned counsel for the petitioner next submits

          that the trial is not progressing as only three witnesses out of

          eight witnesses have been examined till date.

                          6. Considering the period of custody, the allegation

          and the delay in the trial, this application is allowed.

                           7. Let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned concerned Court below in connection with Mahnar

          P.S. Case No. 77 of 2023.

                          8. As a condition of this order, the court below,

          before accepting the bail bonds of the petitioner is directed to

          verify the submission of the learned counsel for the petitioner

          that only two witnesses have been examined till date. If the

          statement of the learned counsel for the petitioner is found to be

          true then the bail bonds of the petitioner shall be accepted and if

          the same is found to be false then the bail bonds of the petitioner

          shall not be accepted and appropriate orders shall be passed by

          the Court below.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
          Patna High Court CR. MISC. No.68189 of 2025(8) dt.16-04-2026
                                                      3/3




                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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