Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court held that, given the commencement of trial and the presence of a confession and incriminating material, regular bail could not be granted.

Summary

Vishal Kumar was arrested in connection with an alleged honour killing in which the son of an informant and the daughter of the deceased were found dead. The petitioner sought regular bail under Sections 103(1) and 3(5) of the BNS, 2023, claiming a clean antecedent and arguing that his police‑custody confession and a T‑shirt found at his house were not admissible as evidence. The State contended that the confession and the blood‑stained T‑shirt indicated his participation and that granting bail could enable him to abscond or tamper with evidence. The petitioner’s counsel conceded the State’s facts but maintained that the confession lacked evidentiary value and the trial had already begun. The Court, after considering that the trial was underway and the risk of tampering existed, declined to grant bail. Consequently, the regular bail application was rejected.

Issues considered

Whether regular bail can be granted to the accused in an honour‑killing case under Sections 103(1) and 3(5) of the BNS, 2023.
Whether a confession made in police custody has evidentiary value for the purpose of bail.
Whether the risk of absconding or tampering with evidence justifies denial of bail.

Legislation cited

BNS, 2023 — s. 103(1), 3(5)

Subjects

honour killing
bail
confession
evidentiary value
trial commenced
risk of tampering
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38629 of 2025
                          Arising Out of PS. Case No.-816 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Vishal Kumar Son of Late Dhananjay Yadav @ Late Dhananjay Rai R/O Vill-
                 Kunjwa, P.S.- Bihata, District- Patna
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. M.N. Parvat, Sr. Advocate.
                                                   Mr. Sanjay Kumar Mishra, Advocate.
                                                   Mr. Ashok Kumar, Advocate.
                 For the Opposite Party/s :        Mr. Satyendra Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-02-2026                   1. Heard learned Senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in connection with Bihta P.S.

                   Case No.816/2024, registered for the offences punishable under

                   Sections 103(1) and 3(5) of the BNS, 2023.

                                 3. Learned Senior counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is son of late

                   Dhananjay. It is further submitted that the son of the informant,

                   namely, Avinash was having an affair with the daughter of

                   Dhananjay. It is next submitted that on 29.08.2024, Avinash

                   received a call and thereafter left his home but did not return in the

                   night and later when a search was made, the dead body of Avinash

                   along with the daughter of late Dhananjay was found in a

                   dilapidated house of Dhananjay.

                                 4. At this stage, the learned APP submits that it is a case
           Patna High Court CR. MISC. No.38629 of 2025(4) dt.24-02-2026
                                                       2/2




                     of honour killing and during the course of investigation, petitioner

                     was arrested and he confessed about his participation in the

                     occurrence. It is also submitted that the T-shirt of the petitioner

                     was found by the FSL team, in the house of the petitioner lest with

                     blood. It is next submitted that trial has started and three witnesses

                     have been examined. It is also submitted that if privilege of regular

                     bail is granted to the petitioner, the petitioner may abscond or try

                     to tamper with the evidence.

                                  5. Learned Senior counsel appearing on behalf of the

                     petitioner does not dispute the said submission of the learned APP

                     but then submits that confessional statement in police custody does

                     not have any evidentiary value and the T-shirt, which was found in

                     the house of the petitioner shall have to stand the scrutiny of the

                     trial but then fairly submits that trial has commenced.

                                  6. After hearing the learned counsel for the parties and

                     taking into consideration the fact that trial has commenced, the

                     Court is not inclined to release the petitioner on bail.

                                  7. The regular bail application of the petitioner is

                     rejected.



                                               (Satyavrat Verma, J)
amit/-
U      T

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