Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a cash bond and conditions of personal appearance.
Summary
The petitioner, Amit Kumar, was arrested in August 2025 on charges of murder under Sections 80 and 3(5) of the B.N.S., alleged to be the killing of an informant’s daughter over a dowry demand. The prosecution’s case was based on a general, omnibus allegation and lacked corroboration from its own witnesses, who instead testified that the deceased had committed suicide and bore no grievance against the petitioner. The petitioner, who has no prior criminal record, sought bail, arguing the absence of any dowry demand and the weakness of the prosecution’s evidence. The State opposed the bail, but the court noted that the prosecution’s witnesses did not support the charge and that the case appeared tenuous. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance and potential cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 80 and 3(5) of the B.N.S. given the lack of supportive witness testimony.
- Whether the prosecution’s case, being general and unsupported by its own witnesses, warrants denial of bail.
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- murder
- dowry death
- witness testimony
- prosecution evidence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73439 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- Kaler District- Arwal
======================================================
Amit Kumar S/o Suresh Bind R/o Village - Thakurbigha, P.S - Kaler, District
- Arwal
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Kanai Kumar S/o Ramautar Bind R/o Village - Isebigha, P.O - Kumhwa, P.S
- Sikariya (Kadpa) Jehanabad, P.S - Jehanabad, District - Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel appearing for the Opposite
Party No.2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 80 and 3 (5) of B.N.S. .
3. As per the prosecution case, the petitioner and other
have committed the murder of informant’s daughter for non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the
allegation against the petitioner and others are general and
omnibus in nature and as a matter of fact there was neither any
demand for dowry nor the involvement of the petitioner in doing
Patna High Court CR. MISC. No.73439 of 2025(4) dt.11-02-2026
2/3
her to death. By way of supplementary affidavit, the learned
counsel for the petitioner has brought on record the deposition
of three witnesses examined during the course of trial which
includes the informant P.W. 1, the informant himself, P.W. 2, the
brother of the deceased and P.W. 3, the uncle of the deceased
and all the three witnesses have not supported the case of the
prosecution although they have not been declared hostile and
have rather stated that the deceased had committed suicide on
account of some mental depression and that they had attended
her cremation and they have no grievance against the petitioner.
The petitioner is in custody since 01.08.2025 and has no
criminal antecedent.
5. Learned APP for the State opposed the bail petition.
Learned counsel appearing for the informant also supports the
statement of witnesses made during the trial.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
case of the prosecution is itself not being supported by its own
witnesses, the above named petitioner is directed to be enlarged
on bail on furnishing bail bond of Rs10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.73439 of 2025(4) dt.11-02-2026
3/3
pending/successor Court in connection with Kaler P.S. Case No.
110 of 2025, subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date fixed in the trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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