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Patna High Court

Vikram KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Vikram Kumar and Newalal Sahni were arrested on 14 October 2025 in connection with Sakra Police Station Case No. 622 of 2024, alleged under Section 103(1) of the BNS for the murder of Dharmendra Kumar. The FIR, lodged on 11 December 2024, was based on information from an informant who was not an eyewitness and was filed 40 days after the alleged incident. The petitioners contended that they have clean antecedents, were falsely implicated, and that the delay and lack of direct evidence undermine the prosecution's case. The State opposed bail, but the Court noted the absence of cogent material linking the petitioners to the crime and their clean records. Consequently, the Court granted bail to both petitioners on a bond of Rs. 10,000 each with two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioners under Section 103(1) of the BNS given the delay in filing the FIR and lack of direct evidence.
  • Whether the petitioners' clean antecedent and alleged false implication warrant bail.

Legislation cited

  • BNS — s. 103(1)

Subjects

  • bail
  • false implication
  • delay in FIR
  • clean antecedent
  • Section 103(1) BNS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10023 of 2026
                      Arising Out of PS. Case No.-622 Year-2024 Thana- SAKRA District- Muzaffarpur
                 ======================================================
           1.     Vikram Kumar S/O Ganaur Sahni R/O Vill.- Mahmadpur Badal, P.s.- Sakra,
                  District- Muzaffarpur
           2.    Newalal Sahni S/O Shital Sahni R/O Vill.- Mahmadpur Badal, P.s.- Sakra,
                 District- Muzaffarpur

                                                                                    ... ... Petitioners
                                                        Versus
                 The State Of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   14.10.2025 in connection with Sakra P.S. Case No. 622 of 2024,

                   for the offence punishable under Section 103(1) of BNS.

                               3. The prosecution story, in brief, as per the written

                   report given by the informant namely Upendra Sahni who

                   alleges that about 3 years ago the marriage of his son namely

                   Dharmendra Kumar has been solemnized with one girl namely

                   Anjali Kumar. On 03/10/2024 the son of the informant namely

                   Dharmendra Kumar along with her wife has gone to her sasural.

                   And it is further alleged that on 29/10/2024 at about 6: 00A.M.
Patna High Court CR. MISC. No.10023 of 2026(3) dt.02-04-2026
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          in the morning the informant received an information from the

          relatives who used to live in that village that his son has been

          killed by their in-laws family members. Neither the daughter-in-

          law or any of his relative has informed regarding the same to the

          informant. And after that it is further alleged that the informant

          along with 10-15 peoples reached there and found that his son

          has died by his in-laws family and was giving excuse of suicide.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. It is next

          submitted that petitioners have been made an accused in this

          case on the basis of suspicion. It is further submitted that from

          perusal of the FIR it appears that the date of occurrence is

          29.10.2024 and the FIR has been instituted on 11.12.2024 i.e.,

          after a delay of 40 days without giving any explanation of delay.

          Apart from aforesaid, informant is not an eye-witness to the

          occurrence in question and even no one has seen the occurrence.

          It is next submitted that the police after investigation has

          submitted charge-sheet and petitioner is in custody since

          14.10.2025.
Patna High Court CR. MISC. No.10023 of 2026(3) dt.02-04-2026
                                            3/4




                      5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          and that the petitioners are persons with clean antecedent and no

          cogent material has come during the course of investigation to

          suggest the involvement of petitioners in the present case, let the

          petitioners, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) each with two sureties of

          the like amount each to the satisfaction of the learned Court of

          Additional Sessions Judge-Vth, Muzaffarpur in connection with

          Sakra P.S. Case No. 622 of 2024, subject to the following

          conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at
           Patna High Court CR. MISC. No.10023 of 2026(3) dt.02-04-2026
                                                       4/4




                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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