Patna High Court
Vikash Dubey @ Bikash DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, holding that the absence of independent evidence and his clean antecedent warrant release on bail with conditions.
Summary
Vikash Dubey was implicated in a murder case (Bheldi P.S. Case No. 257 of 2024) under Sections 103(1), 238 and 3(5) of the Bhartiya Nyay Sanhita, 2023, based primarily on the confessional statements of co‑accused Suraj Kumar and Saroj Kumar. The petitioner asserted that he has a clean antecedent and that the informant was not an eye‑witness, arguing that no other substantive material links him to the crime. The Additional Public Prosecutor opposed bail, contending that the petitioner’s name emerged during the investigation. The court examined the lack of independent evidence against the petitioner and, considering his clean record, ordered bail subject to a bond of Rs. 10,000 with two sureties and several conditions. The bail was granted under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, with additional safeguards to ensure the petitioner’s cooperation and prevent tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence against him is the confessional statements of co‑accused persons.
- Whether the petitioner’s clean antecedent and lack of independent incriminating material justify bail under Section 438(2) CrPC and Section 482(2) B.N.S.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 238, 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- murder
- confessional statement
- false implication
- clean antecedent
- Section 438 CrPC
- Section 482 B.N.S.
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69153 of 2025
Arising Out of PS. Case No.-257 Year-2024 Thana- BHELDI District- Saran
======================================================
Vikash Dubey @ Bikash Dubey Son of Sudama Dubey @ Sudama Durbe R/o
Village - Tarwar, P.S. - Bheldi, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 07-01-2026 Heard Mr. Jitendra Kumar, learned counsel for the
petitioner and Mr. Uday Pratap Singh, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bheldi P.S. Case No. 257 of 2024, F.I.R. dated
09.08.2024 for the offences punishable under Sections 103(1),
238, 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant
alleged that the petitioner along with other accused persons
murdered his son, namely, Ranjan Kumar(now, deceased).
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
informant is not the eye witness of the alleged occurrence and
Patna High Court CR. MISC. No.69153 of 2025(3) dt.07-01-2026
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name of the petitioner has been transpired on the basis of
confessional statement of co-accused person, namely, Suraj
Kumar and Saroj Kumar. From bare perusal of confessional
statement of co-accused persons, it appears that the petitioner is
only the order giver and except the confessional statement of co-
accused persons, no other cogent material is available against
the petitioner which suggest the involvement of the petitioner in
the present occurrence.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that name of the petitioner transpired during
investigation.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and name of the petitioner
has been transpired on the basis of confessional statement of co-
accused persons, let the petitioner, above named, in the event of
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, 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 Additional Chief Judicial Magistrate-XI, Saran at
Chapra in connection with Bheldi P.S. Case No. 257 of 2024,
Patna High Court CR. MISC. No.69153 of 2025(3) dt.07-01-2026
3/3
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other 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 bond 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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