Patna High Court

Vishal Kumar @ Vishal JaiswalversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Vishal Kumar was arrested in connection with a murder case where he was alleged to have participated in a lathi assault and his co‑accused inflicted knife wounds that caused the death of an informant’s son. The petitioner pleaded innocence, arguing that the post‑mortem report showed only a single stab wound and no injuries from a blunt weapon, and highlighted his clean criminal record and prolonged custody since 11‑08‑2025. He also pointed out that similarly situated co‑accused had already been granted bail in a related case. The State opposed the bail application. The Court, noting the general nature of the accusations, the lack of corroborative evidence of a lathi assault, the petitioner’s clean antecedents, the principle of parity with co‑accused, and the length of custody, allowed the bail petition. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious charges under Sections 121, 122, 103(1), 61(2) and 121(1) of the B.N.S.
Whether the lack of external injuries from a blunt weapon and the principle of parity with co‑accused justify granting bail

Subjects

regular bail
criminal procedure
murder
assault
parity
clean antecedents
B.N.S. sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14338 of 2026
                    Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Vishal Kumar @ Vishal Jaiswal Son of Satyendra Kumar @ Satyendra Prasad
                 @ Nathuni Jaisawal@ Nathni jaisawal R/o Ward No. 5, Henari Bazar, P.S.-
                 Town District -East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Asif Kalim, Advocate
                 For the State           :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Sections 121, 122, 103(1), 61(2)

                   and 121(1) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with co-accused Aman Sahu and Sagar Kumar,

                   assaulted son of the informant with a lathi. It is further alleged

                   that co-accused Raja Singh, Vishwas Jaiswal, and Yash Kumar

                   inflicted knife blows on the neck and chest of the informant’s

                   son as a result of which, he died during course of treatment.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.14338 of 2026(2) dt.10-04-2026
                                            2/3




          submits that petitioner is quite innocent and has committed no

          offence. As per the F.I.R., it is alleged that this petitioner, along

          with other accused persons, assaulted the deceased with lathi,

          however, in post mortem report, no external injury caused by

          hard and blunt substance was found on the person of the

          deceased. Only one stab injury was found on the body of the

          deceased which falsifies the entire prosecution case. It is further

          submitted that similarly situated co-accused persons have

          already been granted bail by this Hon’ble Court vide order dated

          02.12.2025 passed in Cr. Misc. No. 82789 of 2025. Moreover,

          charge-sheet has already been submitted and petitioner, having

          no criminal antecedents, is in custody since 11.08.2025.

                       5. Learned A.P.P. for the State the prayer for bail to

          the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, clean antecedents of the petitioner and period of custody,

          the prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the petitioner, mentioned above, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-I,
             Patna High Court CR. MISC. No.14338 of 2026(2) dt.10-04-2026
                                                         3/3




                       East Champaran at Motihari in connection with Motihari Town

                       P.S. Case No. 734 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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