Patna High Court
Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Deepak Kumar Sah, was arrested in connection with a dowry death case under Sections 108, 85 and 3(5) of the BNS. He contended that he was falsely implicated due to a family dispute, that there were no eyewitnesses to the alleged crime, and that no abetment charge was made against him. The petitioner also highlighted his clean antecedent and the fact that he had been in custody for over eight months. The State opposed the bail application. Considering the lack of eyewitness testimony and the prolonged pre‑trial detention, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the District & Additional Sessions Judge.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the absence of eyewitness evidence and the length of pre‑trial custody?
Legislation cited
- BNS — s. 108, 3(5), 85
Subjects
- dowry death
- bail
- false implication
- eyewitness absence
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79991 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Deepak Kumar Sah, aged about 35 years, S/o- Vasudev Sah @ Basudev Sah
Vill- Pyalapur PS- Ishipur Barahat District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 108, 85 and 3(5) of the
BNS.
3. As per allegation in the FIR, it is a case of dowry
death of the deceased, namely, Chanda Devi due to non-
fulfilment of dowry demand by the petitioner and his family
members.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to family
dispute. He next submits that from perusal of the case diary, it
appears that the dispute arose due to the domestic dispute and
Patna High Court CR. MISC. No.79991 of 2025(4) dt.21-01-2026
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no allegation of abetment has been made against the petitioner
and he has falsely been dragged in this case as stated in para-8
of the petition. He next submits that there is no eye witness of
the alleged occurrence and no one has seen the petitioner at the
place of occurrence. Petitioner has got clean antecedent as stated
in para-3 of the petition and he is in custody since 15.04.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts as also the fact that
since there is no eye witness as alleged in the FIR and the
petitioner is in custody for more than eight months, so let the
above named petitioner 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 learned District & Additional
Sessions Judge-XI, Bhagalpur in connection with Sessions Trial
No.667 of 2025 in connection with Ishipur (Barahat) P.S. Case
No. 53 of 2025.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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