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Patna High Court

Manoj Kumar @ Manoj DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Manoj Kumar, sought bail in a criminal case registered under Sections 80, 238 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that he is a person of clean antecedent and has been in custody since 30 July 2025. The informant alleged that the petitioner and others killed the victim, his maternal niece, and cremated her body, but the petitioner contended that the informant is not an eye‑witness and that the death was not a dowry‑related homicide. He further argued that family disputes led to a mechanical inclusion of relatives in the FIR and that the victim’s husband had committed suicide after her death. The State opposed bail, citing the seriousness of the offences. After considering the submissions, the court directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, pending trial.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 80, 238 and 3(5) of the Bihar Narcotic Substances Act, 2023 in view of the allegations and nature of the offence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • dowry death allegation
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74415 of 2025
                      Arising Out of PS. Case No.-101 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Manoj Kumar @ Manoj Das S/o Mahesh Das R/o vill - Panapur Silauthar,
                 P.S.- Jandaha, Distt.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   26-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 80, 238, 3(5) of BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 30.07.2025 and the informant alleges that her maternal

                   niece was married to Sanjeev on 30.05.2023, next alleges that

                   she came to know on 09.03.2025 that accused persons including

                   the petitioner killed the victim and cremated her body.

                                4. Learned counsel for the petitioner submits that

                   petitioner is cousin brother-in-law (Devar) of the deceased. It is

                   next submitted that petitioner is son of Mahesh Das, who is own

                   brother of Late Baleshwar Das, father of the husband of the
Patna High Court CR. MISC. No.74415 of 2025(3) dt.26-02-2026
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          deceased. It is next submitted that informant is not an eye

          witness to the occurrence. It is further submitted no doubt the

          victim died within seven years of marriage but all deaths are not

          dowry deaths. It is also submitted that on perusal of the

          allegation as alleged in the F.I.R., it would manifest that the

          informant does not allege that the victim after marriage was

          tortured for dowry. It is also submitted that there was a partition

          in the family in between Late Baleshwar Das and Mahesh Das

          as such the petitioner was separate in mess and property from

          husband of the deceased. It is also submitted that whenever any

          dispute arises in between the husband and the wife and the

          occurrence of the nature as alleged takes place, the entire family

          members are implicated in a mechanical manner with general

          and omnibus allegation. It is also submitted that no doubt the

          dead body of the victim was cremated but the said cremation

          was performed after informing the side of the informant and

          even the husband of the deceased on 10.03.2025 committed

          suicide, as he was not able to bear the death of his wife, who

          died on account of Vertigo attack and the said fact was in

          knowledge of the informant and her side but still the husband

          along with other family members came to be implicated. It is

          next submitted that if petitioner is released on bail, the petitioner
             Patna High Court CR. MISC. No.74415 of 2025(3) dt.26-02-2026
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                       will not abscond rather will cooperate in the trial to prove his

                       innocence.

                                     5. Learned A.P.P. for the State opposes the prayer for

                       bail of the petitioner.

                                     6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of Rs.

                       10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Jandaha

                       P.S. Case No. 101 of 2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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