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Patna High Court

Vijay Bhagat @ Vijay Shankar MaliversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the nature and gravity of the alleged murder, coupled with the inadmissibility of the police confession, did not justify release.

Summary

The petitioner, Vijay Bhagat, was arrested in connection with a case alleging he killed his wife while intoxicated over a dowry demand. He sought bail under Section 80 of the Bihar Negotiable Instruments Act and Section 37 of the Bihar Prohibition and Excise Act. The prosecution argued that the petitioner, in a drunken state, pressed the deceased's neck, and that his confession to police, though inadmissible, indicated guilt. The petitioner contended he was falsely implicated, had no prior criminal record, and that the prosecution had not specified any dowry demand. The court, considering the seriousness of the alleged murder and the lack of evidentiary weight to the confession, declined to grant bail at this stage, directing the trial court to expedite the trial and allowing a future bail application if the trial exceeds four months. The bail petition was therefore rejected.

Issues considered

  • Whether bail should be granted to the accused in a murder case alleged to involve dowry demand under the relevant statutes
  • Whether the confession made to police has evidentiary value for bail considerations

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • confession
  • evidentiary value
  • criminal antecedent
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89858 of 2025
                         Arising Out of PS. Case No.-18 Year-2025 Thana- BADDI District- Rohtas
                 ======================================================
                 Vijay Bhagat @ Vijay Shankar Mali S/O Baliram Mali @ Baliram Bhagat @
                 Baliram Mahto R/O Village- Alampur, P.S- Baddi, Distt.- Rohtas.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mithilesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Anil Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Baddi

                   P.S. Case No. 18 of 2025, instituted for the offences under

                   Section 80 of the BNS and Section 37 of the Bihar Prohibition

                   and Excise Act.

                               3. Prosecution case, in short, is that petitioner

                   allegedly killed his wife in drunken condition due to non-

                   fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. He

                   further submitted that petitioner is the husband of the deceased.

                   The prosecution has not disclosed any specific demand of

                   dowry. The entire prosecution case is based on suspicion
Patna High Court CR. MISC. No.89858 of 2025(4) dt.13-03-2026
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          because the petitioner had come to the Police Station in drunken

          condition, therefore, Police and informant have presumed that

          the petitioner has killed his wife (deceased). The petitioner

          confessed his guilt before the Police, which has no evidentiary

          value in the eye of law. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 06.02.2025 and

          has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. Specific

          allegation of pressing the neck of deceased, in drunken

          condition, is against the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of 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.

                       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 four 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
           Patna High Court CR. MISC. No.89858 of 2025(4) dt.13-03-2026
                                                       3/3




                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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