Patna High Court
Vishnu Jha @ Vishnu Kumar @ Vishnu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail.
Summary
Vishnu Jha was arrested in connection with a case alleging rape and subsequent poisoning of a young woman, charged under sections 123, 103(1), 61(2) and 64 of the Bihar Negotiable Substances Act. The prosecution claimed the petitioner forcibly administered poison after committing rape, while the defence argued that the only eyewitness, a classmate, testified that the victim had taken medicine and that the post‑mortem report showed no injuries, suggesting no foul play. The defence also highlighted the petitioner’s clean criminal record and his prolonged pre‑trial detention since October 2025. After hearing both sides, the Patna High Court considered the lack of conclusive forensic evidence and the petitioner’s circumstances. The court granted regular bail on the condition of a Rs.10,000 bond with two sureties, directing release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under sections 123, 103(1), 61(2) and 64 of the BNS.
- Whether the evidence on record, including the FIR, eyewitness statement and post‑mortem report, justifies denial of bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 103(1), 123, 61(2), 64
Subjects
- regular bail
- rape
- poisoning
- murder
- Bihar Negotiable Substances Act
- post‑mortem
- eyewitness
- charge sheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17111 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Vishnu Jha @ Vishnu Kumar @ Vishnu Kumar Jha Son of Pampam Jha
Resident of village- Ekparha, EkPardha, PS- Simri Bakhtiyarpur, District-
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Pawan Kumar, Advocate
Mr. Kumar Raj Deep, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-06-2026 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 123, 103(1),
61(2) and 64 of the BNS.
3. The case of the prosecution is that the daughter of
the informant has gone to coaching center. It is alleged that the
petitioner has forcibly administered her poison after committing
rape with her. The victim was referred to Sadar Hospital and
from there, she was referred to Saharsa and in the ambulance,
the daughter of the informant disclosed to the informant that the
petitioner has administered poison after committing “bura
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kaam”. She was rushed to a private nursing home where she
died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that from perusal of the FIR, it is clear that only
one Sangeeta Kumari is the eye witness who has come to the
hospital with the deceased. Sangeeta Kumari has given her
statement during investigation before police wherein she has
stated that the deceased was her classmate and they were taking
coaching in same class. On that day, the deceased started
vomiting and when she asked, it was disclosed by the deceased
that she consumed some medicine. Other students of the
coaching have also been examined by the police and they have
also stated the same thing. Learned counsel has submitted that
from perusal of the postmortem of the deceased also, it
transpires that the doctor conducting autopsy of the deceased
has found no injury on any part of the body and the viscera was
preserved and opinion regarding death was also reserved. In this
case, the victim was first rushed to Sub-Divisional Hospital,
Simri Bakhtiyarpur, Saharsa. The doctor who has first examined
the deceased, has found alleged history of ingestion of some
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unknown poisonous substance. Learned counsel has further
submitted that after investigation, the police have submitted
charge sheet under Section 108 of BNS and from perusal of the
postmortem report also, it is clear that the viscera of the
deceased was preserved and this goes to show that the doctor
conducting autopsy, was treating a case of poisoning. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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
Simri Bakhtiyarpur P.S. Case No. 300 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 C.J.M., Saharsa.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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