Patna High CourtCR. MISC./63826/2025bail granted

Amit Vijay v. The State Of Bihar

2026-04-16Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63826 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Amit Vijay S/o Narayan Singh Resident of village- Paharpur, P.S.- Shyampur Bhathan, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prabhat For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shyampur Bhataha P.S. Case No. 109 of 2024 registered for the offence under Sections 126(2), 127(2), 115(2), 118(1), 117(2), 118(2), 109(1), 85, 3(5) of the BNS, 2023 and under Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the petitioner is accused of killing his wife.

4. The petitioner is in custody since 19.10.2024. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submits that the deceased had fallen and

Patna High Court CR. MISC. No.63826 of 2025(8) dt.16-04-2026 2/3 because of the same, she sustained injuries. He next submits that the deceased was treated in the hospital for her ailment including a government hospital for a period of 2.5 months but she could not survive.

5. Learned counsel for the petitioner next submits that the trial is not progressing as only two witnesses out of eight witnesses have been examined till date.

6. Considering the period of custody, the allegation and the delay in the trial, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Shyampur Bhataha P.S. Case No. 109 of 2024.

8. As a condition of this order, the court below, before accepting the bail bonds of the petitioner is directed to verify the submission of the learned counsel for the petitioner that only two witnesses have been examined till date. If the statement of the learned counsel for the petitioner is found to be true then the bail bonds of the petitioner shall be accepted and if the same is found to be false then the bail bonds of the petitioner shall not be accepted and appropriate orders shall be passed by

Patna High Court CR. MISC. No.63826 of 2025(8) dt.16-04-2026 3/3 the Court below.

9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) Vikas/- U