Patna High Court
Bhola Miya @ Md. KashimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Bhola Miya (Md. Kashim), was implicated in a dowry‑death case (PS Kotwa Case No.308 of 2025) and sought anticipatory bail, arguing that a typed fardbeyan contained errors and that the handwritten version should be considered. He contended that the marriage of the deceased occurred in 2017, making the dowry‑death provision inapplicable to the FIR lodged in August 2025, and asserted his innocence and clean criminal record. The State opposed bail, noting the petitioner’s relationship as a brother‑in‑law (Nandosi) to the deceased and the arrest of the husband. The Court examined the applicability of Sections 103(1), 61(2) and 3(5) of the BNSS, 2023 and the procedural provisions for anticipatory bail. It held that bail could be granted subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, and ordered the petitioner’s release on anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023.
- Whether the typed fardbeyan error affects the admissibility of the statement.
- Whether the dowry‑death provisions apply given the marriage date and FIR date.
- Whether the petitioner’s relationship to the deceased influences bail considerations.
Legislation cited
- BNSS, 2023 — s. 103(1), 2(1)(d), 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- dowry death
- fardbeyan
- BNSS 2023
- Section 2(1)(d)
- Section 482(2)
- criminal procedure
- bail conditions
- relationship to deceased
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8469 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Bhola Miya @ Md. Kashim S/o- Raja Budin Miya R/v- Chargaha Lalban Tola
Ps- Turakauliya District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv.
For the Opposite Party/s : Mr.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. Learned counsel for the petitioner submits that due
to inadvertent mistake, the typed copy of fardbeyan could not be
corrected. Therefore, he submits that hand written fardbeyan is
readable. As such, he requests that the typed copy of the same
may be ignored and statement of hand written fardbeyan may be
considered.
3. The petitioner is apprehending arrest in connection
with Kotwa P.S. Case No.308 of 2025 lodged on 08.08.2025, for
the offences punishable under Sections 103(1), 61(2) and 3(5) of
the B.N.S., 2023.
4. As per the prosecution, FIR has been lodged against
eight named accused persons including the present petitioner
Patna High Court CR. MISC. No.8469 of 2026(3) dt.01-04-2026
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with allegation that they killed the informant’s daughter due to
demand of dowry.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that the marriage of the informant’s daughter was
solemnised in the year 2017 and FIR has been lodged in the
month of August, 2025. Therefore, the allegation of dowry death
shall not be attracted. He further submits that all the allegations
are general and omnibus.
6. Counsel submits that the criminal antecedent of the
petitioner is clean and husband of the informant’s daughter is
already in custody, but the said pleading could not be mentioned
in the bail application.
7. Counsel further submits that the petitioner is a
brother-in-law (Nandosi) and has distant relationship with
informant and his family member.
8. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that case diary has been called
for in which paragraph 18 states that the husband of the
deceased has already been arrested on 09.08.2025 and petitioner
is a brother-in-law (Nandosi).
9. As such, in the present facts and circumstances of
Patna High Court CR. MISC. No.8469 of 2026(3) dt.01-04-2026
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this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Motihari, East Champaran in connection
with Kotwa P.S. Case No.308 of 2025, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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