Patna High Court
Vikas Kumar Singh @ Chhotan Singh @ Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail as the evidence points to suicide and there is no material linking him to the alleged offences.
Summary
Vikas Kumar Singh was arrested in connection with the death of his wife, Jaya Kumari, alleged to be a dowry‑related cruelty case. The prosecution alleged offences under sections 80(2) and 3(5) of the Bihar Narcotic Substances Act, claiming the death resulted from the petitioner’s actions. The petitioner’s counsel argued that the autopsy report showed only a ligature mark and concluded the death was a suicide by hanging, with no other injuries or evidence linking the petitioner. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 22‑04‑2025. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner’s release on a regular bail bond with two sureties. The bail was set at Rs 10,000 with two additional sureties of the same amount, subject to satisfaction of the Additional Chief Judicial Magistrate‑XI, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial for offences under sections 80(2) and 3(5) of the Bihar Narcotic Substances Act
- Whether the circumstances of the deceased’s death constitute suicide, thereby negating criminal liability
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 80(2)
Subjects
- bail
- dowry death
- suicide
- autopsy
- ligature mark
- criminal procedure
- Bihar Narcotic Substances Act
- sections 80(2) and 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74956 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- PARSA District- Saran
======================================================
Vikas Kumar Singh @ Chhotan Singh @ Vikash Singh @ Vikash Kumar
Singh S/o Shiv Nath Singh Resident of Village - Bathui, P.S - Parsa, District -
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 80(2) and
3(5) of B.N.S.
3. The case of the prosecution is that Jaya Kumari
(deceased) was married to the petitioner on 13.03.2019. It is
further alleged she was subjected to cruelty on account of non-
fulfillment of dowry demand. On 21.03.2025, a telephonic
message was received on the mobile of informant’s son that the
deceased has fallen down. After that, the information was given
to police on 112.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74956 of 2025(3) dt.16-01-2026
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petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
postmoretem report, it will transpire that the board conducting
the autopsy of the deceased has found only one antemortem
injury i.e., ligature mark present over anterior aspect of upper
neck prominent on anterior aspect. No any external injury was
seen. This goes to show that the death was due to hanging. The
board has also opined that the cause of death is due to asphyxia
due to hanging. Learned counsel for the petitioner has further
submitted that as there is no antemortem injury except the
ligature mark, it is a case of hanging and the deceased has
committed suicide. There is no role of the petitioner in the
offence. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, he
is languishing in judicial custody since 22.04.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Parsa P.S. Case No. 107 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.74956 of 2025(3) dt.16-01-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-XI, Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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