Patna High Court
Shambhu Nath PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Shambhu Nath Prasad was arrested on 4 September 2025 in connection with a dowry‑related murder alleged under Sections 103(1) and 238 of the Bharatiya Nyay Sanhita, 2023. The prosecution claims he, along with others, poisoned the informant’s daughter after a dowry dispute. The petitioner contended he has a clean antecedent, was not present at the scene, and that a statement by the informant’s second daughter, recorded under Section 183 BNSS, exonerates him. The court examined the lack of evidence placing the petitioner at the crime scene and his clean record. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to an accused charged under Sections 103(1) and 238 of the Bharatiya Nyay Sanhita, 2023 in a dowry‑related murder case
- Whether the petitioner’s alleged non‑presence at the scene and clean antecedent justify bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 183, 238
Subjects
- bail
- murder
- dowry death
- poison
- criminal antecedent
- Bharatiya Nyay Sanhita
- Section 103
- Section 238
- Section 183
- statement under BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85763 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- Dhobaha District- Bhojpur
======================================================
Shambhu Nath Prasad Son of Late Tarkeshwar Prasad Resident of Village -
Baghipakar, P.S.- Dhobaha, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 25-03-2026 Heard Mr. Binod Kumar Singh, learned counsel for
the petitioner as well as Mr. Pradeep Narain Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.09.2025 in connection with Dhobaha P.S. Case No. 05 of
2025, F.I.R. dated 05.01.2025 for the offences punishable under
Sections 103(1) and 238 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons killed the daughter
of the informant by administering poison to her 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
implicated in the present case. The statement of second daughter
Patna High Court CR. MISC. No.85763 of 2025(5) dt.25-03-2026
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of the informant who was present in the house of the deceased at
the time of occurrence was recorded under Section 183 BNSS
and in paragraph no.29 of the case diary in which she has
categorically stated that after fight between the deceased and
petitioner, the petitioner proceeded towards shop for work and
some other person had given poison to the deceased and she
raised suspicion against the mother-in-law and sister-in-law of
the deceased in committing the alleged occurrence. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
04.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and it has come during
investigation that the petitioner was not present at the place of
occurrence, 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 Chief Judicial Magistrate, Bhojpur, Ara in connection
with Dhobaha P.S. Case No. 05 of 2025, subject to the
following conditions:-
Patna High Court CR. MISC. No.85763 of 2025(5) dt.25-03-2026
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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)
Suruchi/-
U T
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