Patna High Court
Nayan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Nayan Kumar, was arrested on 23 March 2025 in connection with a FIR dated 30 January 2025 alleging the murder of an informant's sister over a dowry dispute. He is charged under Sections 191(2), 123 and 103(1) of the Bihar Narcotic and Substance (BNS) Act, 2023, with the charge‑sheet filed under Section 108 of the same Act. The petitioner pleaded that he has a clean antecedent, the FIR is fabricated, and he has not committed any offence. The prosecution opposed bail, citing a specific allegation in the FIR. The High Court, after noting the filing of the charge‑sheet, the period of custody and the nature of the allegations, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 191(2), 123, 103(1) and charge‑sheet under Section 108 of the BNS Act, 2023.
Subjects
- bail
- criminal procedure
- Bihar Narcotic and Substance Act
- dowry death
- fabricated FIR
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85362 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Nayan Kumar Son of Late Vishnu Chaudhary R/o Village - Maranpur, P.S.-
Vishnupad, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
For the Informant : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Diwakar, learned counsel for the petitioner,
Mr. Sanjay Kumar, learned counsel for the informant and Mr.
Nitya Nand Tiwary, learned Additional Public Prosecutor for the
State.
2. Petitioner seeks bail who is in custody since
23.03.2025 in connection with Vishnupad P.S. Case No. 30 of
2025, F.I.R. dated 30.01.2025 for the offences punishable under
Sections 191(2), 123 and 103(1) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons have killed the sister of the
informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.85362 of 2025(3) dt.25-03-2026
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implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. He further submits that the
police after investigation submitted the charge sheet under
Section 108 of the BNS, 2023 against the petitioner on
31.03.2025 and the learned Court below after taken cognizance
has framed the charges under Section 108 of the BNS, 2023.
The petitioner is in custody since 23.03.2025.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner and submits that there is
direct and specific allegation against the petitioner in the FIR.
6. Considering the aforesaid facts and circumstances
that the police have submitted the charge sheet under Section
108 of the BNS, 2023 and the charges were also framed under
Section 108 of the BNS, 2023 as well as period of custody, 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 Trial
Court Gaya/ Additional District and Sessions Judge-X, Gaya in
connection with Vishnupad P.S. Case No. 30 of 2025, subject to
the following conditions:-
Patna High Court CR. MISC. No.85362 of 2025(3) dt.25-03-2026
3/3
i. 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.
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)
Vanisha/-
U T
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