Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20823 of 2025 Arising Out of PS. Case No.-392 Year-2022 Thana- BIKRAM District- Patna ====================================================== Vishal Kumar Son of Sri Khesari Singh Rajput Resident of Village- Datiyana, P.S.- Bikram, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bikram P.S. Case No. 392 of 2022 instituted for the offences under Sections 341, 323, 307, 504/34 of the Indian Penal Code and later on Section 302 of the IPC was added.

3. Prosecution case, in short, is that, the husband of the informant was found critically injured and unconscious after the accused persons entered the house of the informant, and quarreled with him. Later on, he died during the course of treatment.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.20823 of 2025(3) dt.15-07-2025 2/3 present case merely due to suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that, as a matter of fact, the informant is not the eye-witness to the occurrence. Learned counsel further submitted that there is a delay of seven days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that, except suspicion, there is no cogent material to prove the involvement of the petitioner in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.06.2024 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.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation against the petitioner and the implication of the petitioner only being based on suspicion as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.20823 of 2025(3) dt.15-07-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bikram P.S. Case No. 392 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T