Created by Fuzzy Cloud

Patna High Court

Sanjeet Kumar Yadav @ Sanjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.