Patna High Court

Bikash Kumar MehtaversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Bikash Kumar Mehta petitioned for regular bail in a case registered under several serious offences of the Bharatiya Nyaya Sanhita, alleging that he was merely present at the scene where Dilkhush Kumar allegedly stabbed the informant's brother, resulting in death. The prosecution contended that the petitioner was implicated in the murder, while the petitioner’s counsel argued that the FIR and case diary point only to Dilkhush Kumar as the principal offender and that the petitioner has no criminal antecedents and has been in custody since 3 November 2025. The trial court records showed a death inquest and post‑mortem confirming death by stabbing with a sharp‑edged weapon. The State opposed bail, but the court, after considering the lack of direct involvement and the petitioner’s clean record, decided to enlarge bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner, charged under multiple serious sections of the Bharatiya Nyaya Sanhita, is entitled to regular bail.
Whether mere presence at the scene, without direct participation, suffices to deny bail.
Whether the petitioner’s clean antecedent record and custodial duration justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 109, 117(2), 118(2), 126(2), 3(5)

Subjects

regular bail
criminal procedure
Bharatiya Nyaya Sanhita
murder
stabbing
antecedent
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16536 of 2026
                     Arising Out of PS. Case No.-349 Year-2025 Thana- JANKINAGAR District- Purnia
                 ======================================================
                 Bikash Kumar Mehta Son of Sushil Mehta Resident of Village- Sukhsena,
                 P.S.- Barhara Kothi, District- Purnea                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   117(2), 118(2), 109, 3(5) Bharatiya Nyaya Sanhita (in short

                   ‘BNS’) and further added Section 103(1) of the BNS.

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

                   Kumar has stabbed with knife in the stomach of the informant’s

                   brother due to which he died.

                                4. Learned counsel for the petitioner has submitted that

                   from perusal of the FIR it is clear that main thrust of allegation is

                   against Dilkhush Kumar. Only allegation against the petitioner is

                   that he was also present there. Learned counsel for the petitioner

                   has submitted that the learned trial court has recorded in its order

                   that in Paragraph ‘29’ of the case diary there is death inquest report

                   of the deceased Ajay Kumar Yadav in which it is said that
            Patna High Court CR. MISC. No.16536 of 2026(2) dt.16-03-2026
                                                        2/2




                      deceased died on account of stabbing with a knife. Paragraph ‘33’

                      of the case diary refers to the post-mortem report of the deceased

                      in which it is stated that the above noted findings were antemortem

                      and grievous in nature and caused by sharp edged cutting

                      weapon(s). Cause of death- haemorrhage and shock due to above

                      noted injuries. Learned counsel for the petitioner has further stated

                      that there is direct allegation against Dilkhush Kumar and there is

                      no role of this petitioner. Learned counsel for the petitioner has

                      lastly submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 03.11.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the prayer of bail to the petitioner.

                                   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 released on bail in connection with

                      Janki Nagar P.S. Case No. 349 of 2025 on furnishing bail bond of

                      Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M. 1st Class, Purnea.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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