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Patna High Court

Vishal Kumar Chaubey @ Vishal Kumar @ Vishal ChaubeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.

Summary

Vishal Kumar Chaubey was arrested in connection with a murder case (Manjhagarh P.S. Case No.139 of 2025) alleged under Sections 103(1) and 3(5) of the Bihar Non‑Applicable (BNS) Act. The prosecution alleged that three persons stabbed the brother of an informant, resulting in death, and that Chaubey’s name appeared in the investigation based on a confessional statement. The petitioner contended that the confessional statement was the sole piece of evidence against him, that the main accused was Sunil Kumar, and that he had no motive, citing a similar bail order granted to co‑accused Jishan Ali. The State’s counsel conceded that the primary thrust of the case was against Sunil Kumar but opposed bail. After hearing both sides, the Court found the lack of substantive evidence beyond the confession and the absence of motive, and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the existence of a confessional statement implicating him.
  • Whether the absence of motive and the presence of a co‑accused as the main perpetrator justify bail.

Subjects

  • bail
  • confessional statement
  • motive
  • murder
  • criminal procedure
  • Bihar Non‑Applicable Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14857 of 2026
                  Arising Out of PS. Case No.-139 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Vishal Kumar Chaubey @ Vishal Kumar @ Vishal Chaubey S/o Sanjay
                 Chaubey R/o Village- Jokaha, P.S- Barauli, Distt.- Gopalganj.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Saurabh Kumar, Advocate
                                                Mr. Shashwat Sahil Singh, Advocate
                 For the Opposite Party/s :     Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

3   15-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Manjhagarh P.S. Case No.139 of 2025 registered for the

                   offence punishable under Sections 103(1) & 3(5) of the BNS.

                               3. The case of the prosecution, in short, is that three

                   persons have stabbed the brother of the informant due to which

                   he died.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the FIR it is clear

                   that co-accused Sunil Kumar is the main accused. Learned

                   counsel for the petitioner has further submitted that the name of

                   this petitioner has surfaced during investigation. He was
Patna High Court CR. MISC. No.14857 of 2026(3) dt.15-04-2026
                                            2/3




          remanded in this case from other case and police have extracted

          his confessional statement. Learned counsel for the petitioner

          has further submitted that save and except confessional

          statement there is nothing against the petitioner. Learned

          counsel for the petitioner has submitted that main thrust of

          allegation is against Sunil Kumar and a land dispute was also

          with Sunil Kumar. This petitioner has got no motive. Learned

          counsel for the petitioner has further submitted that similarly

          situated co-accused Jishan Ali has been granted bail by the

          learned Co-ordinate Bench of this Court vide Cr. Misc. No.

          79058 of 2025. Learned counsel for the petitioner has further

          submitted that the petitioner is in judicial custody since

          19.06.2025.

                       5. The application for bail is opposed by learned APP

          for the State but he has conceded that main thrust of allegation

          is against Sunil Kumar.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the court of learned
            Patna High Court CR. MISC. No.14857 of 2026(3) dt.15-04-2026
                                                        3/3




                      District and Additional Sessions Judge-VII, Gopalganj in

                      connection with Manjhagarh P.S. Case No.139 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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