Patna High Court
Vinod Baitha @ Binod BaithaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5)
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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