Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to bail and ordered his release on bail.
Summary
Vikash Kumar applied for bail in a case registered under Sections 103(1), 238, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27(3) of the Arms Act. The prosecution alleged that the deceased was killed after a confrontation with co‑accused, and the petitioner’s name surfaced only during investigation, with the police allegedly obtaining his signature on a blank paper used for a confessional statement. The petitioner contended that he was falsely implicated, had no motive, no incriminating evidence was found against him, and the confessional statements of other accused did not name him. The State opposed bail, arguing the seriousness of the offences. Considering the lack of substantive evidence, the clean antecedent of the petitioner, and the circumstances of the alleged confession, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences charged.
- Whether the confessional statement obtained on a blank paper is admissible and sufficient to justify denial of bail.
- Whether the prosecution has produced substantive evidence linking the petitioner to the alleged crime.
Legislation cited
- Arms Act — s. 27(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- confession
- false implication
- Arms Act
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10004 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Vikash Kumar Son of Late Bilash Das Resident of Village - Ambakhar, Tola -
Bhawani Dih, P.S. - Roshanganj, District - Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Roshanganj P.S. Case No. 49 of 2025, registered for the offence
under Sections 103(1), 238, 3(5) of the Bhartiya Nyaya Sanhita,
2023 and Section 27(3) of the Arms Act.
3. As per the prosecution case, on 06.04.2023, the
informant’s husband (deceased) went along with Ganesh Sao
and he had told the informant that the co-accused Mantu Kumar
was calling him for two days so he was going to meet him. It is
further alleged that the deceased had informed the informant
that he was along with the co-accused Mantu Kumar and he
would return after one hour but he did not return. Thereafter, she
called on the mobile number of the co-accused Mantu Kumar
who told that the deceased had gone along with the other person
Patna High Court CR. MISC. No.10004 of 2026(4) dt.01-04-2026
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and he also informed that he fled away after hearing the sound
of firing and he denied to search the deceased as it was night
and he told that he would search the deceased in the next
morning and in the next morning, the dead body of the deceased
was found.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is submitted that the petitioner is not named in the
F.I.R. His name has surfaced in the present case during the
course of investigation and the police arrested him merely on
the basis of suspicion and forcibly took his signature on the
blank paper which has been subsequently utilized for the
confessional statement of the petitioner. The petitioner has not
confessed his involvement in the alleged offence and all the
confession for his involvement in the alleged offence before the
police is completely false and concocted. It is further submitted
that except the confessional statement of the petitioner, there is
no other substantive evidence to suggest the implication of the
petitioner in the present case. No incriminating article has been
recovered either from the possession of the petitioner or from
his house. It is further submitted that the petitioner has no
concern either with the co-accused Mantu Kumar or with the
Patna High Court CR. MISC. No.10004 of 2026(4) dt.01-04-2026
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alleged offence but due to co-villager of the deceased, the
petitioner has falsely been dragged in the present case. There is
no any enmity or any motive of the petitioner either with the
informant or with her deceased-husband. There is no eye
witness to the alleged offence. It is further submitted that the
confessional statement of Ganesh Sao has been recorded which
is available in paragraph no. 23 of the case diary in which he has
not named the petitioner. It is further submitted that the
confessional statement of the co-accused Mantu Kumar has also
been recorded which is available in paragraph no. 33 of the case
diary in which it has been stated that Baba @ Kamaldeo Kumar
@ Kamaldeo Singh Bhokta took all money from the pocket of
Deepak (deceased) and shot him dead. The petitioner has clean
antecedent as stated in paragraph no. 3 of the bail petition. The
petitioner is in custody in this case since 10.04.2025. It is further
submitted that co-accused Sunil Yadav and Ashok Yadav have
been granted the privilege of bail by coordinate a coordinate
Bench of this Court by orders dated 15.11.2025 passed in Cr.
Misc. Nos. 58065 of 2025 and 58101 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.10004 of 2026(4) dt.01-04-2026
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and parity, let the, above named, petitioner 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 learned
J.M. 1st Class, Sherghati at Gaya, in connection with Roshanganj
P.S. Case No. 49 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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