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Patna High Court

Vivek Kumar @ Viveka Kumar @ Viveka KrversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner at this stage.

Summary

The petitioner, Vivek Kumar, applied for bail in a case registered under Sections 103(1), 62 and 3(5) of the B.N.S. for the alleged murder of two sons of an informant. The prosecution alleges that the petitioner’s confessional statement led to the recovery of a hammer and blood‑stained articles, but the defence points out that the statement was recorded before the FIR was lodged, raising questions about the procedural correctness. The State opposes bail, emphasizing that the case involves a double murder, that charges have already been framed, and that the petitioner is the alleged mastermind. The court noted the seriousness of the offence, the existence of material evidence, and the informant’s undertaking to produce witnesses promptly. Consequently, the court declined to grant bail, though it allowed the petitioner to renew the application if witnesses are not examined within three months.

Issues considered

  • Whether bail should be granted to the petitioner in a double murder case where charges have been framed and material evidence exists.
  • Whether the recording of the confessional statement prior to the FIR affects the validity of the prosecution’s case.

Legislation cited

  • B.N.S. — s. 103(1), 3(5), 62

Subjects

  • bail
  • double murder
  • confessional statement
  • FIR
  • charges framed
  • witness examination
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73174 of 2025
                      Arising Out of PS. Case No.-67 Year-2025 Thana- BARAUNI District- Begusarai
                 ======================================================
                 Vivek Kumar @ Viveka Kumar @ Viveka Kr S/O Harsh Chaudhary Resident
                 of Vill.- Dadpur, P.S.- Bhagwanpur, (Tiyari O.P.), Dist.- Begusarai
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   11-02-2026                   Heard the learned counsel for the petitioner, learned

                   APP for the State and learned counsel appearing for the

                   Opposite Party No. 2 .

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103 (1), 62 and 3 (5) of

                   B.N.S.

                                3. As per the prosecution case, some unknown persons

                   brutally murdered the two sons of the informant.

                                4. Learned counsel for the petitioner submits that the

                   prosecution has tried to make out a case against the petitioner

                   that the confessional statement of the petitioner has led to

                   recovery of hammer and bloodstained articles which is not

                   correct in view of the fact that while the confessional statement

                   of the petitioner is said to have been recorded on 22.04.2025 at

                   5:10 a.m as indicated in paragraph 4 of the case diary, the First
Patna High Court CR. MISC. No.73174 of 2025(3) dt.11-02-2026
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          Information Report itself would show that it was lodged on

          22.04.2025 at 11.00 a.m. which means that even prior to lodging

          of the First Information Report, the said confessional statement

          was recorded by the police. If such was the situation, there is no

          reason why the F.I.R itself did not mention the names of the

          accused persons as also the recovery of articles. Further, the

          petitioner is in custody since 22.04.2025 and charges have

          already been framed.

                       5. Learned A.P.P. for the State and learned counsel

          appearing for the Opposite Party No. 2, however, vehemently

          oppose the grant of bail on the ground that it is a double murder

          case in which two persons of the same family have been done to

          death and this petitioner is the gotia who is responsible for the

          said death. It is further undertaken by the counsel for the

          informant that now as the charges have already been framed, he

          would be producing his witnesses expeditiously and would not

          take unnecessary adjournments.

                       6.    Taking      into     consideration   the   facts   and

          circumstances of the case and also considering the fact that the

          present case involves murder of two persons and there is

          material collected during investigation against the petitioner

          and coupled with the undertaking given by the informant that he
             Patna High Court CR. MISC. No.73174 of 2025(3) dt.11-02-2026
                                                         3/3




                       would expeditiously get the witnesses examined, this court is

                       not inclined to grant bail to the petitioner at this stage.

                                    7. However, the petitioner is granted liberty to renew

                       his prayer for bail in case substantial number of witnesses are

                       not examined within a period of three months.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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