Bikash Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16536 of 2026 Arising Out of PS. Case No.-349 Year-2025 Thana- JANKINAGAR District- Purnia ====================================================== Bikash Kumar Mehta Son of Sushil Mehta Resident of Village- Sukhsena, P.S.- Barhara Kothi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 117(2), 118(2), 109, 3(5) Bharatiya Nyaya Sanhita (in short 'BNS') and further added Section 103(1) of the BNS.

3. The case of the prosecution, in short, is that Dilkhush Kumar has stabbed with knife in the stomach of the informant's brother due to which he died.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that main thrust of allegation is against Dilkhush Kumar. Only allegation against the petitioner is that he was also present there. Learned counsel for the petitioner has submitted that the learned trial court has recorded in its order that in Paragraph '29' of the case diary there is death inquest report of the deceased Ajay Kumar Yadav in which it is said that

Patna High Court CR. MISC. No.16536 of 2026(2) dt.16-03-2026 2/2 deceased died on account of stabbing with a knife. Paragraph '33' of the case diary refers to the post-mortem report of the deceased in which it is stated that the above noted findings were antemortem and grievous in nature and caused by sharp edged cutting weapon(s). Cause of death- haemorrhage and shock due to above noted injuries. Learned counsel for the petitioner has further stated that there is direct allegation against Dilkhush Kumar and there is no role of this petitioner. Learned counsel for the petitioner has lastly submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 03.11.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Janki Nagar P.S. Case No. 349 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Purnea. (Ashok Kumar Pandey, J) durgesh/- U T