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Patna High Court

Vishal Kumar @ Rider @ Gop JeeversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the investigation material sufficiently connects the petitioners to the offence.

Summary

The petitioners, Roshan Kumar and Vishal Kumar, were charged with murder under sections 126(2), 115(2), 109, 140(1), 61(1) and 3(5) of the B.N.S., 2023, alleging that they killed the deceased with a stone. Both have been in custody since August 2025. The prosecution presented CCTV footage linking the petitioners to the crime and a self‑inculpatory statement of a co‑accused. The petitioners applied for regular bail. The court examined whether the material evidence was sufficient to justify granting bail and concluded that the investigation clearly connected the petitioners to the offence. Consequently, the bail applications were rejected, with the court noting that it made no determination on the merits of the criminal case.

Issues considered

  • Whether the petitioners are entitled to regular bail under the B.N.S., 2023 in view of the CCTV footage and co‑accused’s statement.
  • Whether the material evidence gathered during investigation is sufficient to deny bail.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 126(2), 140(1), 3(5), 61(1)

Subjects

  • regular bail
  • murder
  • CCTV evidence
  • self‑inculpatory statement
  • B.N.S. 2023
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.8141 of 2026
                      Arising Out of PS. Case No.-256 Year-2025 Thana- KHAGAUL District- Patna
                 ======================================================
                 Roshan Kumar S/O Uday Sah @ Uday Shah R/O Village- Dalluchak, P.S-
                 Khagaul, Distt.- Patna, Bihar.
                                                                      ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 12575 of 2026
                      Arising Out of PS. Case No.-256 Year-2025 Thana- KHAGAUL District- Patna
                 ======================================================
                 Vishal Kumar @ Rider @ Gop Jee Son of Ranjan Singh Resident of Village-
                 Mustafapur, P.S.- Khagaul, District- Patna
                                                                        ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.     Badal Kumar Son of Late Gopal Ram Resident of Village- Kothwa, P.S.-
                  Khagaul, District- Patna
                                                                 ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 8141 of 2026)
                 For the Petitioner   :  Mr. Saket Anand, Advocate
                 For the State        :  Mr. Md. Aslam Ansari, APP
                 For the informant    :  Mr. Ashish Giri, Sr. Advocate
                 (In CRIMINAL MISCELLANEOUS No. 12575 of 2026)
                 For the Petitioner/s :  Ms. Shalini Kumari, Advocate
                 For the State        :  Mr. Abhay Kumar Roy, APP
                 For the Informant    :  Mr. Ashish Giri, Sr. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   28-04-2026                    Since both these cases arise out of the same F.I.R.

                   i.e. Khagaul P.S. Case No.256 of 2025, they have been heard

                   together and are being disposed of by this common order.

                                  2.      Heard learned counsel for the petitioners,

                   learned APP for the State and learned Senior Counsel for the

                   informant.

                                  3.      The     petitioners      seek     regular      bail    in

                   connection with Khagaul P.S. Case No.256 of 2025 registered
            Patna High Court CR. MISC. No.8141 of 2026(4) dt.28-04-2026
                                                        2/2




                      for the offence under sections 126(2), 115(2), 109, 140(1), 61(1)

                      and 3(5) of the B.N.S., 2023.

                                      4.      The petitioners and others are said to have

                      killed the deceased with a stone. The petitioner - Roshan Kumar

                      is in custody since 07.08.2025 and the petitioner - Vishal Kumar

                      is in custody since 31.08.2025.

                                      5.      The petitioners have been captured in the

                      C.C.T.V. footage and the name of the petitioner- Roshan Kumar

                      has also come in the self - inculpatory statement of co-accused.

                                      6.      Considering          the    fact   that   during

                      investigation, the materials have come to connect the petitioners

                      with the crime, I am not inclined to grant bail to the petitioners.

                      Accordingly, these bail applications are rejected.

                                      7.      It is clarified that this Court has not

                      expressed any opinion on the merits of the case and the

                      observations made by this Court is only for the purpose of

                      deciding this bail application.


                                                              (Sandeep Kumar, J)

pawan/-
U       T


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