Vikash Kumar @ Vikash Sah @ Vikash Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22286 of 2025 Arising Out of PS. Case No.-201 Year-2023 Thana- KHAIRA District- Jamui ====================================================== Vikash Kumar @ Vikash Sah @ Vikash Kumar Sah S/O Masudan Sah R/O Village- Amari, PS- Khaira, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khaira P.S. Case No. 201 of 2023 dated 06.05.2023 registered for the offences punishable u/s 302, 328, 323 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the informant got marriage of his sister solemnized with the petitioner about 14 years back. After the marriage, the petitioner started abusing and assaulting the deceased. The petitioner has illicit relationship with a girl of different community. It is further alleged that the petitioner and the co-accused persons have killed the informant's sister by administering poison to her.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.22286 of 2025(2) dt.23-06-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. It is submitted that petitioner is the husband of the deceased. It is further submitted that the marriage of the petitioner has been solemnized with the deceased about 14 years ago and petitioner has every love and affection with his wife. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused persons have already been granted bail by the co-ordinate bench of this Court vide orders dated 11.01.2024 and 05.09.2024 passed in Cr. Misc. Nos. of 77561 of 2023 and 38035 of 2024 respectively. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, in connection with Khaira P.S. Case No. 201 of
Patna High Court CR. MISC. No.22286 of 2025(2) dt.23-06-2025 3/3 2023, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. This application is allowed.
(Chandra Prakash Singh, J) Raj Ranjan/- U T