Patna High Court
Vikram KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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.
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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.
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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
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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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