Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Bipin Kumar was arrested on 14 July 2025 in connection with a murder case (PS Ahiyapur Case No. 923 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that he strangled his wife and hung her from a fan, while the defence claimed he was falsely implicated and that the death was a suicide witnessed by the victim’s daughter. The petitioner, represented by Mr. Karandeep Kumar, sought bail, asserting a clean antecedent and lack of incriminating evidence. The Additional Public Prosecutor opposed bail. The court, after considering the charge sheet filed under Section 108 of the BNS and the custody period, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to an accused charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023 in view of the charge sheet filed under Section 108.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 108, 3(5)
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyay Sanhita
- charge sheet
- antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12377 of 2026
Arising Out of PS. Case No.-923 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Bipin Kumar @ Vipin Kumar S/o Santlal Paswan @ Sant Lal Paswan
Resident of Village - Harpur Lahauri, P.S - Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr. Karandeep Kumar, learned counsel for
the petitioner as well as Mr. Upendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.07.2025 in connection with Ahiyapur P.S. Case No. 923 of
2025, F.I.R. dated 04.07.2025 for the offences punishable under
Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner strangled his wife to death and hung
her from a fan.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He next submits that it has come
during investigation, which is recorded in paragraph no. 10 of
Patna High Court CR. MISC. No.12377 of 2026(3) dt.30-04-2026
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the case diary that due to some occurrence between the deceased
and the petitioner, the deceased committed suicide herself and
this incident was witnessed by the daughter of the deceased. The
daughter of the deceased had also allegedly seen the victim in a
compromising position with the petitioner. He further submits
that the police after investigation submitted the charge sheet on
10.10.2025 under Section 108 of BNS against the petitioner and
the petitioner is in custody since 14.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
as well as the fact that police has submitted the charge sheet
against the petitioner under Section 108 of BNS and period of
custody, 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
Chief Judicial Magistrate, Muzaffarpur in connection with
Ahiyapur P.S. Case No. 923 of 2025, subject to the following
conditions:-
i. Petitioner 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
Patna High Court CR. MISC. No.12377 of 2026(3) dt.30-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
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