Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Regular bail was granted to the petitioner.
Summary
The petitioner, Vishal Kumar, was charged under section 103(1) of the Bharatiya Nyaya Sanhita, 2023 for allegedly abducting and assaulting an informant’s father, resulting in death. The FIR was lodged more than a month after the incident, and the charge sheet had already been filed. The petitioner, who has been in custody since 14‑05‑2025, claimed a clean antecedent and pointed out that similarly situated co‑accused had been granted bail earlier. The State opposed the bail application. Considering the nature of the accusation, the delay in filing the FIR, the petitioner’s clean record and the precedent of bail to co‑accused, the Court allowed regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to an accused under section 103(1) of the Bharatiya Nyaya Sanhita, 2023 given the delay in filing the FIR and the existence of a charge sheet.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- regular bail
- section 103(1) Bharatiya Nyaya Sanhita
- delay in FIR
- clean antecedent
- charge sheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.509 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Vishal Kumar Son of Shashi Bhushan Singh R/o Village - Sundarpur, P.S. -
Sakra, Distt. - Muzaffapur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under section 103(1) of the Bharatiya
Nyaya Sanhita, 2023 .
3 . As per prosecution case , all the FIR named
accused persons including this petitioner abducted informant’s
father and assaulted him with butt of pistol and iron rod causing
his death.
4. Learned counsel appearing for the petitioner
submits that from perusal of the FIR itself it is clear that
informant is not an eye witness to the occurrence. Occurrence
took place on 18.4.2025, post mortem was done on 21.4.2025
when informant came to his house, then on 7.5.2025 informant
gave written statement to the police station and on 8.5.2025 FIR
Patna High Court CR. MISC. No.509 of 2026(2) dt.13-02-2026
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was lodged, i. e ,. after delay of more than 1 month, without
showing plausible cause . Charge sheet has already been filed.
Petitioner claims clean antecedent and he is in custody since
14.05.2025 . Similarly situated co-accused persons has already
been granted bail by this Hon’ble Court vide order dated
04.12.2025 in Cr. Misc. No. 83215 of 2025 .
5 . Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation, materials
collected during investigation and period of custody of the
petitioner, his prayer for regular bail is allowed. Let the
petitioner, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Judicial Magistrate 1st
Class (East ), Court No. 1 , Muzaffarpur in Sakra Police Station
Case No. 236 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U
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