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Patna High Court

Dadan MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Dadan Mishra, was arrested on 11 July 2025 in connection with a murder case (Session Trial No. 768 of 2025) arising from a dowry‑related dispute, alleged under Sections 304B and 34 of the Indian Penal Code. He contended that the FIR was false, that he has a clean criminal record, and that the police had earlier issued a final form in his favour (Final Form No. 23/2007). The prosecution opposed his bail, arguing the seriousness of the offences. The High Court examined the petition, noting the petitioner’s clean antecedent and the police’s final form, and observed that the lower court had taken cognizance mechanically. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying the bail release.

Issues considered

  • Whether bail should be granted to the accused in a murder case punishable under Sections 304B and 34 of the IPC given the circumstances of a clean antecedent and a police final form in his favour.

Legislation cited

Subjects

  • bail
  • murder
  • dowry death
  • IPC 304B
  • Section 34
  • false FIR
  • clean antecedent
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80701 of 2025
                   Arising Out of PS. Case No.-170 Year-2006 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Dadan Mishra S/O Krishna Ballabh R/O Village- Madhopur Khodaibag, P.S.-
                 Madhaura, District- Saran at Chapra
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akhileshwar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Kanhaiya Kishore, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                   Heard Mr. Akhileshwar Pandey, learned counsel for

                   the petitioner and Mr. Kanhaiya Kishore, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   11.07.2025 in connection with Session Trial No. 768 of 2025,

                   arising out of Bhagwan Bazar P.S. Case No. 170 of 2006, F.I.R.

                   dated 06.09.2025 for the offences punishable under Sections

                   304(B)/34 of the Indian Penal Code.

                                3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have tortured and killed the

                   daughter of the complainant for demand of one motorcycle as

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in this case. The allegation as alleged in the F.I.R. is
Patna High Court CR. MISC. No.80701 of 2025(3) dt.22-01-2026
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          false and fabricated and the petitioner has not committed any

          offence as alleged in the F.I.R. He further submits that Police

          have submitted final form in favour of the petitioner and not

          sent for trial vide Final Form No. 23/2007 dated 07.02.2007 but

          the learned court below on the basis of Protest Petition in a

          mechanical manner has taken cognizance against the petitioner.

          He further submits that the police after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 11.07.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that the petitioner has clean antecedent and the

          Police have submitted final form in favour of the petitioner but

          the learned court below has taken cognizance against the

          petitioner, let the petitioner, above named, 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 the learned

          Additional Sessions Judge, 12th, Saran at Chapra in connection

          with Session Trial No. 768 of 2025, arising out of Bhagwan

          Bazar P.S. Case No. 170 of 2006, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.80701 of 2025(3) dt.22-01-2026
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                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

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

                      for cancellation of bail.

                                   iii. 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 antecedent, 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.



                                             (Rajesh Kumar Verma, J)
Ranjeet/-

U      T


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