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Patna High Court

Vishnu Jha @ Vishnu Kumar @ Vishnu Kumar JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.17111 of 2026(4) dt.18-06-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.17111 of 2026(4) dt.18-06-2026
                                                        3/3




                      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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