Patna High Court
Sanjeet Kumar Yadav @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage given the nature and gravity of the offences.
Summary
The petitioner, Sanjeet Kumar Yadav, was charged with dowry death and related offences under Sections 103(1), 85, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He sought bail after being in custody since July 2025, contending that the death was accidental and that he had previously been denied anticipatory bail. The State opposed the bail, emphasizing the seriousness of the charges and the petitioner’s criminal antecedent. The High Court examined the gravity of the offences and the circumstances of the case and concluded that bail could not be granted at this stage. The court rejected the bail application, directed the trial court to expedite the trial, and allowed the petitioner to renew a bail plea before the trial court if the trial is not concluded within five months.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 103(1), 85, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature and gravity of the offences and the petitioner’s criminal antecedent preclude the grant of bail.
- Whether the petitioner may seek bail before the trial court after a period of five months if the trial remains pending.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 85
Subjects
- bail
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- anticipatory bail
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88802 of 2025
Arising Out of PS. Case No.-302 Year-2024 Thana- BAHERI District- Darbhanga
======================================================
Sanjeet Kumar Yadav @ Sanjeet Kumar S/o- Ram Vilash Yadav @ Ram Vilas
Yadav R/O Village- Banaul, P.S- Baheri, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Baheri
P.S. Case No. 302 of 2024 instituted for the offences under
Sections 103(1), 85, 238 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that the petitioner
alongwith the family members tortured and killed the deceased
for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that
earlier the anticipatory bail of the petitioner has been rejected by
a co-ordinate Bench of this Court vide order dated 02.07.2025
passed in Criminal Miscellaneous No. 13193 of 2025. He
further submitted that the petitioner has falsely been implicated
Patna High Court CR. MISC. No.88802 of 2025(3) dt.26-02-2026
2/3
in the present case. Petitioner is the husband of the deceased.
Learned counsel for the petitioner further submitted that on
30.08.2024, the deceased was suffering from diarrhea, petitioner
and his other family members tried their level best to save her
live, but she died on the way to the hospital. The petitioner
informed the informant regarding the occurrence and in
presence of both family members, including the informant,
funeral was completed. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 22.07.2025 and
has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner is the husband of the deceased. The F.I.R. has been
registered u/s 103(1), 85, 238 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and after completion of the investigation, the
Charge-sheet has been submitted u/s 103(1), 85, 238 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of the offence, this Court is not
inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
Patna High Court CR. MISC. No.88802 of 2025(3) dt.26-02-2026
3/3
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the petitioner to renew
the prayer for grant of bail before the Trial Court if the trial is
not concluded within a period of five months from today. If any
such application is filed before the learned court below, the
court concerned shall consider the same on its own merit
without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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