Patna High Court
Vibhash Kumar @ Bibhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Vibhash Kumar was arrested on 27-03-2025 in connection with a murder alleged in FIR dated 26-03-2025, charged under Sections 103 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 66(B) and 66(D) of the IT Act. The prosecution alleged that the petitioner, along with others, assaulted a man in a maize field, leading to his death, based mainly on the informant’s statement. The petitioner contended that he was falsely implicated, that there was no material evidence linking him to the crime, that CCTV footage did not show his presence, and that the informant was not an eyewitness. The Additional Public Prosecutor opposed bail, citing two prior criminal antecedents, but also noted the petitioner was already on bail for those matters. The High Court, after considering the lack of substantive evidence and the petitioner’s claim of innocence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted in a case involving murder and offences under the Bharatiya Nyay Sanhita and the IT Act when the evidence is primarily suspicion.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the lack of eyewitness testimony and CCTV footage negates the prosecution’s case for continued custody.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 3(5)
- Information Technology Act — s. 66(B), 66(D)
Subjects
- bail
- criminal procedure
- murder
- suspicion
- prior criminal antecedent
- IT Act
- Bharatiya Nyay Sanhita
- evidence
- CCTV
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52368 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Vibhash Kumar @ Bibhash Kumar Son of Abhinandan Yadav Resident of
Village - Gamharia, Ward No.- 11, P.S.- Baijnathpur, District - Saharsa, Bihar
- 852221.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-03-2026 Heard Mr. Shekhar Kumar Singh, learned counsel
for the petitioner as well as Mr. Sanjay Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.03.2025 in connection with Baijnathpur P.S. Case No. 39 of
2025, F.I.R. dated 26.03.2025 for the offences punishable under
Sections 103, 3(5) of the Bharatiya Nyay Sanhita, 2023 and
66(B), 66(D) of the IT Act.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons took
her husband to the maize field and assaulted him due to which
her husband died.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.52368 of 2025(5) dt.19-03-2026
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petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of suspicion and except
suspicion, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and even the CCTV footage does not
support that the petitioner was present at the place of occurrence
and even no one had seen the occurrence and it appears from
FIR itself that the informant is not the eye witness of the alleged
occurrence and the petitioner is in custody since 27.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner but
fairly submits that no cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the petitioner
carries two criminal antecedents other than the present one but
fairly submits on the basis of paragraph-3 of the bail application
that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
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, Saharsa in connection with Baijnathpur P.S. Case
Patna High Court CR. MISC. No.52368 of 2025(5) dt.19-03-2026
3/3
No. 39 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
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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