Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to conditions.
Summary
Vishal Kumar was arrested in connection with a murder case (PS Derni case No.245/2025) under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case rests on a confessional statement of co‑accused Ranjeet Kumar, who admitted firing the fatal shot, while the FIR does not name the petitioner. The petitioner argued that he was falsely implicated, that no material other than the co‑accused’s confession links him to the crime, and that he has been in custody since 22‑Oct‑2025. The State opposed bail, citing a prior criminal antecedent, but the petitioner was already on bail in the same matter. The bench, considering the lack of direct evidence and the principle of bail for non‑violent offences, ordered his release on a Rs 10,000 bond with two sureties and conditions, directing the lower court to verify his criminal antecedent without delaying bail.
Issues considered
- Whether bail can be granted when the petitioner is implicated solely through a co‑accused’s confession and not named in the FIR
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
- Application of the Bharatiya Nyay Sanhita and Arms Act provisions to the bail application
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- confessional statement
- Bharatiya Nyay Sanhita
- Arms Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3862 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
Vishal Kumar Son of Surendra Ray Resident of Village- Pojhi, P.S.- Derni,
District- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Brij Kishor Mishra, learned counsel for
the petitioner as well as Mr. Nitya Nand Tiwary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.10.2025 in connection with Derni P.S. Case No. 245 of 2025,
F.I.R. dated 21.10.2025 for the offences punishable under
Sections 103(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita,
2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that when the his brother, who was doing labourer work
went with his two friends to Derni Devi Sthan and started
distributing earned remuneration, in that course, quarrel took
place between three of them. It is further alleged that one of the
co-accused person fired upon informant’s brother due to which
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he sustained injury and later died during treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name transpired on the basis of confessional statement of co-
accused, namely, Ranjeet Kumar which is recorded in
paragraph-11 of the case diary and the said Ranjeet Kumar has
confessed his guilt and stated that he has fired upon the
deceased (Munchun Kumar @ Ranjeet Kumar) and the
petitioner was present at the place of occurrence. He further
submits that from bare perusal of FIR it appears that the
petitioner was not present at the place of occurrence and
informant has not stated anything about the petitioner and
except the so-called confessional statement of co-accused
person, no other cogent material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence and the police after investigation submitted the
charge sheet and the petitioner is in custody since 22.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
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paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
co-accused has confessed his guilt in the present occurrence and
initially the petitioner was not named in the FIR, let the
petitioner, above named, 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 the learned Judicial
Magistrate, First class, Chapra, Saran in connection with Derni
P.S. Case No. 245 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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