Patna High Court
Manoj Kumar @ Manoj DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 238, 3(5), 80
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
2/3
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
3/3
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
Checking your session…