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Patna High Court

Deepak Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      2/2




                    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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