Patna High Court
Amit VijayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond and verification of the witness examination claim.
Summary
The petitioner, Amit Vijay, was arrested on 19 October 2024 in connection with the alleged murder of his wife under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Dangerous Drugs Act. He claimed innocence, asserting that the death resulted from a fall and subsequent medical complications, and argued that the trial was delayed, with only two of eight witnesses examined. The High Court considered the length of custody, the seriousness of the allegations, and the trial delay. It ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of the claim that only two witnesses had been examined. The order was limited to the bail application and did not prejudice the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused given the seriousness of the charges and the delay in trial proceedings.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 118(1), 118(2), 126(2), 127(2), 3(5), 85
- Dangerous Drugs Act — s. ¾
Subjects
- bail
- criminal procedure
- trial delay
- witness examination
- murder
- section 126
- section 127
- section 115
- section 118
- section 117
- section 109
- section 85
- section 3(5)
- section ¾
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63826 of 2025
Arising Out of PS. Case No.-109 Year-2024 Thana- SHYAMPUR BHATHAN District-
Sheohar
======================================================
Amit Vijay S/o Narayan Singh Resident of village- Paharpur, P.S.- Shyampur
Bhathan, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shyampur Bhataha P.S. Case No. 109 of 2024 registered for the
offence under Sections 126(2), 127(2), 115(2), 118(1), 117(2),
118(2), 109(1), 85, 3(5) of the BNS, 2023 and under Section ¾
of the D.P. Act.
3. As per the prosecution case, the petitioner is
accused of killing his wife.
4. The petitioner is in custody since 19.10.2024.
Learned counsel for the petitioner has submitted that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the deceased had fallen and
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because of the same, she sustained injuries. He next submits that
the deceased was treated in the hospital for her ailment
including a government hospital for a period of 2.5 months but
she could not survive.
5. Learned counsel for the petitioner next submits
that the trial is not progressing as only two witnesses out of
eight witnesses have been examined till date.
6. Considering the period of custody, the allegation
and the delay in the trial, this application is allowed.
7. 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 concerned Court below in connection with
Shyampur Bhataha P.S. Case No. 109 of 2024.
8. As a condition of this order, the court below,
before accepting the bail bonds of the petitioner is directed to
verify the submission of the learned counsel for the petitioner
that only two witnesses have been examined till date. If the
statement of the learned counsel for the petitioner is found to be
true then the bail bonds of the petitioner shall be accepted and if
the same is found to be false then the bail bonds of the petitioner
shall not be accepted and appropriate orders shall be passed by
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the Court below.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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