Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Vikram Kumar was arrested in connection with a murder alleged to have occurred after a fight among labourers on a farm, where one labourer, Satyaraj Saket, went missing. The FIR was lodged under Sections 137(2) and 140(30, 3(5) of the Bhartiya Nyaya Sanhita, 2023, and the charge‑sheet was filed under Sections 106(1) and 238 of the same Act. The petitioner contended that he was falsely implicated, there were no eyewitnesses, and the autopsy report could not determine a definite cause of death. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the lack of solid evidence and the petitioner’s prior bail in another case, and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a murder case under Sections 137(2) and 140 of the Bhartiya Nyaya Sanhita, 2023 given the evidentiary circumstances.
- Whether the petitioner has been falsely implicated and the lack of eyewitness or conclusive autopsy findings warrants bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 106(1), 137(2), 140(30), 140(3)(5), 238
Subjects
- bail
- criminal procedure
- murder
- false implication
- evidence
- charge sheet
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23190 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- THALI District- Nawada
======================================================
Vikram Kumar son of Govind Manjhi RESIDENT OF VILLAGE
-CHAPRA,P.S.- AKBARPUR, DISTRICT -NAWADA ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Thali
P.S. Case No. 01 of 2026, registered for the offence under
Sections 137(2), 140(30, 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. As per allegation, the informant, who happens to be
the proprietor of a firm, got an information, on 31.12.2025, from
his contractor Rakesh Kumar that there was an intervening fight
between some of the labourers in the night, whereupon the
informant instructed the contractor to keep the labourers in
separate rooms. It is further alleged that at about 11:00 PM,
three labourers went out of the farm and out of them only two
returned at 05:00 AM, the third, namely, Satyaraj Saket, did not
return and, therefore, present FIR was lodged against unknown
Patna High Court CR. MISC. No.23190 of 2026(3) dt.07-05-2026
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persons.
4. Learned counsel appearing for the petitioner
submits that the petitioner has been falsely implicated in this
case on the basis of suspicion. There is no eye-witness to the
alleged occurrence of murder. It has been further submitted that
after thorough investigation, police has submitted the charge-
sheet under Section 106(1) and 238 of the BNS. Learned
counsel for the petitioner has further submitted that autopsy
surgeon has opined that no definite cause of death could be
ascertained. It has lastly been submitted that the petitioner is in
custody since 11.01.2026 and although the petitioner was
accused in one other case, but not of similar nature and he is on
bail in that case.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner be released 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
SDJM, Nawada, in connection with Thali P.S. Case No. 01 of
2026.
(Praveen Kumar, J)
Pawan/-
U T
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