Nayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85362 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- VISHNUPAD District- Gaya ====================================================== Nayan Kumar Son of Late Vishnu Chaudhary R/o Village - Maranpur, P.S.- Vishnupad, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP For the Informant :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard Mr. Diwakar, learned counsel for the petitioner, Mr. Sanjay Kumar, learned counsel for the informant and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 23.03.2025 in connection with Vishnupad P.S. Case No. 30 of 2025, F.I.R. dated 30.01.2025 for the offences punishable under Sections 191(2), 123 and 103(1) of the BNS, 2023.

3. According to prosecution case, this petitioner along with other accused persons have killed the sister of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.85362 of 2025(3) dt.25-03-2026 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the police after investigation submitted the charge sheet under Section 108 of the BNS, 2023 against the petitioner on 31.03.2025 and the learned Court below after taken cognizance has framed the charges under Section 108 of the BNS, 2023. The petitioner is in custody since 23.03.2025.

5. The learned counsel for the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner in the FIR.

6. Considering the aforesaid facts and circumstances that the police have submitted the charge sheet under Section 108 of the BNS, 2023 and the charges were also framed under Section 108 of the BNS, 2023 as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court Gaya/ Additional District and Sessions Judge-X, Gaya in connection with Vishnupad P.S. Case No. 30 of 2025, subject to the following conditions:-

Patna High Court CR. MISC. No.85362 of 2025(3) dt.25-03-2026 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T