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Patna High Court

Bipin Kumar @ Vipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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