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Patna High CourtCR. APP (SJ)/4674/2025rejected

Vishal Kumar Patel v. The State Of Bihar

2026-04-30Mr. Justice Rajesh Kumar Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4674 of 2025 Arising Out of PS. Case No.-360 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Vishal Kumar Patel S/o- Sri Wakil Prasad @ Vakil Prasad R/v- Pakadiya PsJagdishpur Dist- West Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Raghunath Ram S/o- Late Jagan Ram R/v- Parvatiya Tola W.No-40, PsBettia Mufassil Dist- West Champaran ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 634 of 2026 Arising Out of PS. Case No.-360 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Chandani Devi wife of Late Chunilal Ram Resident of village -Parbatiya tola, ward no 4, Ps -Bettiah Mufassil, District -West Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Raghunath Ram Son of Late Jagan Ram Resident of village -Parbatiya tola, ward no 4, Ps -Bettiah Mufassil, District -West Champaran ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 4674 of 2025) For the Appellant/s :

Mr. Ajay Kumar Thakur :

Mr. Gyan Prakash :

Mr. Shivam :

Ms. Kajal For the Respondent/s :

Mr.Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 634 of 2026) For the Appellant/s :

Mr. Aditya Kumar Pandey For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-04-2026 Heard learned counsel for the appellants and learned Spl.P.P. for the State.

2. These appeals are filed under Sections 14(A)(2)

2/5 against refusal of the prayer for regular bail by order dated 18.10.2025 passed by the learned District and Additional Sessions Judge, 1st-cum-Special Judge, SC/ST (POA) Act, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 360 of 2025 registered under Sections 103(1), 238, 61, 3(5) and Sections 3(2), 3(2)(v) of the Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities) Act.

3. The case of the prosecution, in brief, is that that the informant has two sons. His elder son Lalbabu Ram Dinesh Ram was married with Chandani Devi and his son was died due to fever in the year 2016 and again after two years his younger son was married with Chandani Devi but his daughter-in-law Chandani engaged in bad character. In the meantime his daughter- in-law Chandani Devi get illicit relationship with one Vishal Kumar Patel. In the month of November, 2024 his talked to sell his land at about Rs. 43,31,250 out of which Rs. 37,00,000/- he received and he wants to purchase some land, in this regard his daughter-in- law talked with Vishal Kumar Patel then Vishal Kumar Patel tell about a land near Sataha Chinil Mill. Afterthat his daughter-in-law Chandani Devi took and gave Rs. 31,00,000/- to get registered the land, but after sometime it came to know that Vishal Kumar Patel gave only

3/5 Rs. 11,00,000/- to the land owner and on asking the rest amount Vishal Kumar Patel denied to return the same. On 03.07.2025 Vishal Kumar Patel along with his one friend Sunil Kumar came at his house and took his son Chunnu Lal Ram regarding to talk about the same land but late night his son did not return. On 07.07.2025 at about 08:00 AM villagers told that dead body of his son was found at Barvat Lacchu village, after that the dead body was taken to GHMC Bettiah hospital by the police for post-mortem report. Further stated that he has firm belief that his daughter-in-law Chandani Devi by conspiracy with Vishal Kumar Patel and Sunil Kumar committed murder of his son.

4. Learned counsel for the appellants submits that appellants have clean antecedent and are innocent and have falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the appellants have not committed any offence as alleged in the FIR. Learned counsel for the appellants further submits that even the informant is not the eye-witness to the alleged occurrence. It is next submitted that as per the allegation as alleged in the FIR, the appellants, namely, Chandani Devi and Vishal Kumar Patel have made conspiracy in the present

4/5 occurrence.

5. Learned counsel appearing on behalf of the respondent no.2 and the learned Special Public Prosecutor for the State on the basis of materials available on record and the case diary have vehemently opposed the prayer for bail of the appellants and submit that appellants have confessed their guilt in the present occurrence. Apart from that blood sustained pant of the deceased was recovered from the house of the appellant, namely, Vishal Kumar Patel and the car which was used in the present crime in question was also examined by the forensic team and it was found that blood of the deceased was found in the car in question. Vide order dated 12.03.2026, the report was called with regard to the stage of the trial. Report dated 23.03.2026 of the learned trial court reveals that out of ten charge-sheet witnesses, four witnesses have been examined and the case is pending for the rest six witnesses and the learned court below expected that within six months, the trial would be concluded.

6. Considering the nature of allegation as alleged in the FIR, I am not inclined to enlarge the appellants on bail in connection with Bettiah Muffasil P.S. Case No. 360 of 2025 pending in the Court of learned District and Additional Sessions

5/5 Judge, 1st-cum-Special Judge, SC/ST (POA) Act, Bettiah, West Champaran.

7. Accordingly, the impugned order is affirmed and this appeals stand dismissed.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T