Patna High Court
Bashant Kumar @ Rajaram @ RajaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner as the court was not inclined to do so in view of the direct allegations and framed charges.
Summary
The petitioner, Bashant Kumar, husband of a deceased woman, was charged under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing an informant’s daughter over dowry demands. He applied for regular bail, claiming innocence, no prior criminal record, and having been in custody since 8 October 2025. The State opposed the bail, emphasizing the seriousness of the allegations and that charges have been framed. Justice Sandeep Kumar examined the submissions and the trial judge’s report, and concluded that the direct allegation against the petitioner warranted denial of bail at this stage. Consequently, the bail application was rejected, with a direction that the petitioner may renew the prayer if the trial exceeds one year or if the informant’s testimony favours him.
Issues considered
- Whether regular bail should be granted to the petitioner pending trial for offences under Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 3(5), 80(2)
Subjects
- regular bail
- dowry death
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80(2)
- Section 238
- Section 3(5)
- trial pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89175 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- SAMHO District- Begusarai
======================================================
Bashant Kumar @ Rajaram @ Raja S/o Ram Sogarath Singh @ Sogarath
Singh R/o Village/ Mohalla- Naya Tola kurha, P.S.- Samho, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Samho P.S. Case No. 01 of 2025 registered for the offence under
Sections 80(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The petitioner is the husband of the deceased. The
allegation against the petitioner along with the other co-accused,
is that they killed the informant’s daughter due to the non-
fulfillment of dowry demands.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.10.2025 and has no criminal
antecedent.
Patna High Court CR. MISC. No.89175 of 2025(4) dt.12-05-2026
2/2
5. Learned counsel for the State vehemently opposes
the bail application.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the report of
the Trial Judge, it appears that the charges have been framed.
Considering the direct allegation against the petitioner, this
Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. If the trial is not concluded within one year, the
petitioner may renew his prayer for bail. Further, if the
informant deposes in favour of the petitioner, he shall be at
liberty to move the court below for regular bail.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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