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Patna High Court

Bijendra Yadav @ Bijendra Singh @ Vijindra Yadav @ Vijendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to strict conditions.

Summary

Bijendra Yadav, husband of a deceased woman, was arrested in connection with a dowry‑related death and charged under IPC sections 364, 306, 201 and 34. He filed a bail petition, claiming innocence and arguing that the FIR contains only a generic allegation against all accused without specific acts attributed to him. The State opposed bail, citing the seriousness of the offences, the petitioner’s marital relationship with the victim, and his other pending criminal cases. The Court examined the material on record and, considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the accused in a dowry‑death case involving IPC sections 364, 306, 201 and 34.
  • Whether the presence of other pending criminal cases and the seriousness of the alleged offences preclude bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • IPC
  • Section 306
  • Section 201
  • Section 34
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78554 of 2025
                     Arising Out of PS. Case No.-77 Year-2020 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Bijendra Yadav @ Bijendra Singh @ Vijindra Yadav @ Vijendra Yadav S/o
                 Nagina Yadav @ Nagina Singh R/o Village - Mogalpura, P.s.- Bakhtiyarpur,
                 District - Patna
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Durgesh Nandan, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   30-01-2026                     Heard Mr. Durgesh Nandan, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   25.06.2025, in connection with Bakhtiyarpur P.S. Case No. 77 of

                   2020, F.I.R. dated 09.03.2020 registered for the offences

                   punishable under Section 364 of the Indian Penal Code and later

                   on Sections 306, 201/34 of the Indian Penal Code was added.

                                 3. Petitioner is the husband of the deceased. Allegation

                   against the petitioner is that he along with other co-accused

                   persons have killed the deceased due to non-fulfillment of demand

                   of dowry.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.78554 of 2025(4) dt.30-01-2026
                                            2/3




          committed any offence as alleged in the F.I.R. Although the

          petitioner is named in the F.I.R. but from perusal of the F.I.R. it

          appears that there is no specific allegation of any assault or overt

          act attributed against the petitioner rather there is general and

          omnibus allegation against all the accused persons including the

          petitioner. He further submits that initially the case was instituted

          under Section 364 of the Indian Penal Code but subsequently the

          same was converted into under Sections 306, 201/34 of the Indian

          Penal Code and the police has filed the chargesheet under the

          aforesaid Sections.         He further submits that the police after

          investigation submitted chargesheet against the petitioner and the

          petitioner is in custody since 25.06.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner is the husband of the deceased and

          there is sufficient material against the petitioner in the case diary

          and apart from aforesaid the petitioner carries two more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in one

          case and another case is pending for consideration before the

          competent court of law.

                       6. Considering the facts and circumstances of the case,

          let the petitioner, above named, be released on bail on furnishing
               Patna High Court CR. MISC. No.78554 of 2025(4) dt.30-01-2026
                                                           3/3




                         bail bond of Rs. 10,000/- (Rupees Ten Thousand)              with two

                         sureties of the like amount each to the satisfaction of learned

                         S.D.J.M. Barh, Patna in connection with Bakhtiyarpur P.S. Case

                         No. 77 of 2020, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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