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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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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