Patna High Court

Vicky Kumar @ Bicky KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions imposed under Section 482(2) of the BNSS, 2023.

Summary

Vicky Kumar sought anticipatory bail fearing arrest in a dowry‑death case (Deokund P.S. Case No. 30 of 2025) where the prosecution alleged offences under Sections 80, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He is the maternal uncle of the husband of the deceased and no specific allegation links him directly to the crime; the charge is described as omnibus. The post‑mortem report was incomplete and the co‑accused had already been granted regular bail. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a six‑week surrender condition, invoking Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged dowry‑death offences.
Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 61(2), 80

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90730 of 2025
                     Arising Out of PS. Case No.-30 Year-2025 Thana- DEOKUND District- Aurangabad
                 ======================================================
                 Vicky Kumar @ Bicky Kumar S/O Raj Kumar Prasad @ Budhan Prasad R/O
                 Village- Nauranga, P.S.- Deokund, District- Aurangabad, Bihar



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Soni Kumari, Advocate
                 For the Opposite Party/s :       Mr. Nityanand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026              Heard Ms. Soni Kumari, learned counsel for the

                   petitioner and Mr. Nityanand Tiwary, learned A.P.P. for the

                   State.

                            2.      The petitioner apprehends his arrest in connection

                   with Deokund P.S. Case No. 30 of 2025 registered for the

                   offences punishable under Sections 80, 61(2) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                            3.      Prosecution case, in short, is that daughter of the

                   informant has been done to death at her matrimonial house by

                   her in-laws due to non-fulfillment of the demand of dowry.
Patna High Court CR. MISC. No.90730 of 2025(2) dt.16-01-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence as alleged

          against him and has falsely been implicated in the present case.

          Petitioner is the mama of the husband of the deceased. Husband

          of the deceased is already in custody. There is no specific

          allegation attributed to the petitioner, rather allegation is general

          an omnibus in nature. Petitioner is even separate in mess and

          property from the husband of the deceased. As per postmortem

          report, cause of death is not ascertained as viscera report is

          awaited. Charge sheet has already been submitted in this case.

          Other co-accused has been granted regular bail by this Court

          vide order dated 12-11-2025, passed in Cr. Misc. No. 54871 of

          2025.

                  5.      On the other hand, learned A.P.P. for the State has

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

                  6.      Considering the rival submissions made by the

          learned counsel for the parties, let the petitioner above-named,

          in the event of his arrest or surrender before the learned Court

          below within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the
           Patna High Court CR. MISC. No.90730 of 2025(2) dt.16-01-2026
                                                       3/3




                     case is pending/successor court in connection with Deokund P.S.

                     Case No. 30 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the BNSS, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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