Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48822 of 2025 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== Vikash Kumar S/o Vijay Chourasia @ Bimal Charasiya R/o VillageMaheshkhunt Bichali Tola, P.S.- Maheshkhunt, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2025 Heard the parties.

2. The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 18 of 2020 registered for the offences under Sections 302 and 34 of the IPC.

3. The petitioner is not named in the F.I.R. and is in custody since 18.01.2025.

4. As per FIR the brother of the informant was killed by some unknown persons, where occurrence was reported to informant by his another brother namely Manoj Kumar Chaurasia.

5. Learned counsel appearing on behalf of the petitioner submitted that mere on the basis of suspicion as

Patna High Court CR. MISC. No.48822 of 2025(3) dt.14-10-2025 2/3 petitioner could not reply satisfactorily to the questions and queries as raised by investigating officer, in furtherance of notice as issued against petitioner under Section 160 of the Cr.P.C., petitioner was arrested with the present case, having otherwise no involvement. It is pointed out that admittedly as per FIR one Golu Kumar (nephew) and Manoj Kumar Chaurasia were present at the time of occurrence along with petitioner and one Pashupati Sharma when occurrence took place. This petitioner was arrested only for the reason that he could not reply to certain queries with clarity. It is submitted that in view of same it can be said safely that the arrest of petitioner with the present case is only out of suspicion. While concluding the argument it is submitted that petitioner is a man of clean antecedent, and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid facts and circumstances as mentioned above and by taking note of the fact as save and

Patna High Court CR. MISC. No.48822 of 2025(3) dt.14-10-2025 3/3 except suspicion which surfaced out of behavior of petitioner, nothing incriminating prima-facie appears, as to connect him with present crime in question, coupled with the fact as petitioner remains in custody since 18.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Mahesh khunt P.S. Case No. 18 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Khagaria/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J) Sudha/- U T