Patna High Court

Vikram KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is allowed to the petitioner subject to conditions.

Summary

Vikram Kumar sought anticipatory bail after learning that he might be arrested in a murder case (IPC Sections 302, 201/34) based on a co-accused's confession. The FIR does not name him; the only material against him is that he was in telephone contact with the co-accused, Ashok Kumar, at the time of the incident. The petitioner asserted a clean antecedent and argued there was no specific overt act linking him to the crime. The State opposed the bail application. The Court, considering the lack of concrete evidence, the nature of the accusation, and the petitioner's clean record, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted when the petitioner is not named in the FIR and only suspicion exists.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in such circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Indian Penal Code — s. 201, 302, 34

Subjects

anticipatory bail
Indian Penal Code
murder
conspiracy
Section 482
Bharatiya Nagarik Suraksha Sanhita
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73929 of 2025
                       Arising Out of PS. Case No.-622 Year-2023 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Vikram Kumar S/O Bihari Paswan R/O Village - Bajpura, P.S- Belaganj,
                 Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 302, 201/34 of the

                   Indian Penal Code.

                                3. It is alleged by informant that on 14.09.2023

                   (evening), co-accused Ashok Kumar with unknown persons

                   came to her house and carried her husband on motorcycle and

                   on the next morning, the dead-body of her husband was found in

                   a bush near block.

                                4. it is submitted on behalf of the petitioner that

                   petitioner is not named in the F.I.R. and his name transpired

                   during course of investigation in confessional statement of co-

                   accused Ashok Kumar, who has already been granted regular by

                   a coordinate Bench of this Court, vide order dated 01.08.2024
            Patna High Court CR. MISC. No.73929 of 2025(2) dt.05-02-2026
                                                        2/2




                      passed in Cr. Misc. No. 37500 of 2024. There is no allegation of

                      any specific overt act against the petitioner and the only material

                      that has come against petitioner is that he was in touch with co-

                      accused Ashok Kumar at the time of incident through mobile

                      phone. Save and except suspicion, there is no other material on

                      record to show complicity of the petitioner in the alleged

                      offence. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, this anticipatory bail is allowed

                      and it is ordered that let the above named petitioner in the event

                      of his arrest/surrender before the court below within a period of

                      eight weeks from today, be enlarged on bail on furnishing bail-

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Chief Judicial Magistrate,

                      Gaya in connection with Belaganj P. S. Case No. 622 of 2023,

                      subject to condition as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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