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Patna High Court

Vinod Baitha @ Binod BaithaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, despite the charge‑sheet, the petitioner’s clean antecedent, lack of direct involvement in the alleged offence and the absence of any risk of evidence tampering justified the grant of regular bail.

Summary

The petitioner, Vinod Baitha, applied for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita relating to the alleged murder of his brother. The prosecution alleged that the petitioner was involved in an assault on the informant’s son during a theft, though his name does not appear in the FIR. The petitioner argued that he was falsely implicated, has no criminal antecedent, has been in custody since 16‑10‑2025, and poses no risk of tampering with evidence or absconding. The State opposed bail. Considering the filing of the charge‑sheet, the petitioner’s clean record, the circumstances of the investigation and the lack of any material suggesting a flight risk, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita given the charge‑sheet, his alleged involvement, and his personal circumstances.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • charge-sheet
  • clean antecedent
  • bail bond
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.558 of 2026
                    Arising Out of PS. Case No.-141 Year-2025 Thana- SIKTA District- West Champaran
                 ======================================================
                 Vinod Baitha @ Binod Baitha S/o Vishwakarma Baitha Resident of Village-
                 Sirisiya Bazar, P.S.-Sikta, District- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Sections 103(1), 238 and 3(5)

                   of Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, on 13.10.2025 at 4:27

                   p.m., informant’s son, namely, Wahid Jama @ Lal Babu called

                   on the phone of the informant which was received by the

                   informant’s daughter, namely, Busara Khatoon, he informed her

                   that some people have apprehended him and are beating him in

                   Sirisiya and asked her to told the said incident to his father.

                   Thereafter, the daughter of the informant told the said incident

                   to the informant then, informant told his daughter to go there

                   and he would also reach there. When informant’s daughter
Patna High Court CR. MISC. No.558 of 2026(3) dt.23-02-2026
                                            2/3




          reached Sirisiya where she found that the dead body of her

          brother was lying in 10+2 High School Sirisiya and his mobile

          phone was lying next to his dead body. Informant raised

          suspicion that he has dispute with his co-villagers, namely,

          Taufik Alam, Wakil Ahmad, Jhunni Khatoon, Badrun Nesha,

          therefore, they might have killed his son.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in the

          present case due to suspicion. Further submission is that

          petitioner is not named in the F.I.R. The name of the petitioner

          transpired during the investigation as one of the persons who

          slapped the informant’s son when he was caught hold after

          committing theft. He next submits that there was neither

          intention having no knowledge nor the action of the petitioner

          was such that the same can be prosecuted u/s 103(1) of B.N.S.

          The charge-sheet has already been submitted after completion of

          investigation. Petitioner is in custody since 16.10.2025 having

          no criminal antecedent and he undertakes to co-operate in the

          trial. There is no chance of tampering with the evidence or

          absconding of the petitioner.

                       5. Learned A.P.P. for the State opposes the bail

          application of the petitioner.
            Patna High Court CR. MISC. No.558 of 2026(3) dt.23-02-2026
                                                        3/3




                                   6. Considering the aforesaid facts and circumstances

                      of the case as well as the fact that charge-sheet has been

                      submitted, clean antecedent of the petitioner and period of

                      custody undergone, 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 Judicial Magistrate-I, Bettiah, West Champaran in

                      connection with Sikta P.S. Case No. 141 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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