Vinay Sah @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49954 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- Rangara District- Bhagalpur ====================================================== Vinay Sah @ Vinay Kumar S/o Chhotelal Sah R/o Village- Koskipur, P.S.- Rangra, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Rangara P.S. Case No. 16 of 2025, registered for the offences punishable under Sections 61(2)/103(1) 3(5) of BNS and 25(1-B)(a)/26/35 of the Arms Act.
3. Allegedly the marriage of the daughter of the informant was solemnized with one Vitthi Mahto in the year 2017. Soon after the marriage, the brother-in-law, sister-in-law and other family members of the deceased used to torture and harass the daughter of the informant. On 21.01.2025 the informant's daughter informed the informant on mobile that the petitioner along with other accused persons, total 10 in numbers, were conspiring to each other to kill her. The deceased also asked her mother to come to her matrimonial house as she was being tortured at the hands of the accused persons. While the
Patna High Court CR. MISC. No.49954 of 2025(2) dt.11-08-2025 2/3 informant was proceeding to matrimonial home of her daughter in the meanwhile she revived a call of her grand son who said that the co-accused Mangna Mahto (uncle) shot his mother dead.
4. Learned Advocate for the petitioner contended that the petitioner is not the family members of the deceased in laws family and he comes from different community. There is no overt act alleged in the FIR. Moreover, the son of the deceased, who was alleged to be an eye witness to the occurrence, has categorically stated that it is Mangna Mahto who had shot the deceased and the weapon used in the crime has also been recovered from his house. It is lastly contended that co-accused Najo Mandal having identical allegation has been extended the privilege of anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 35842 of 2025 vide order dated 18.06.2025. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the the deceased had taken the name of the petitioner along with others in conspiring to kill her.
6. Considering the submissions set forth by the learned Advocates for the respective parties and taking note of
Patna High Court CR. MISC. No.49954 of 2025(2) dt.11-08-2025 3/3 the statement of the son of the deceased, coupled with the fact that the case of the petitioner is based on parity, apart from the petitioner is not the family members of the in-laws as also the fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Naugachia, District Bhagalpur/Successor Court in connection with Rangara P.S. Case No. 16 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T