Patna High Court
Vijay Bhagat @ Vijay Shankar MaliversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bihar Negotiable Instruments Act — s. 80
- Bihar Prohibition and Excise Act — s. 37
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
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without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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