Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Vikash Kumar was arrested on 2 September 2024 in connection with a murder case (Gopalpur PS Case No. 365 of 2024) under Section 80 of the Bihar Narcotic Substances Act, 2023, later amended to include Section 103(1). After a regular bail application was rejected, he filed a petition seeking bail, claiming a clean antecedent and that the deceased had committed suicide, making his implication false. The prosecution argued that evidence indicated Kumar murdered the deceased within a year and a half of marriage. The trial court report showed that charges were framed on 25 September 2025, with eight witnesses listed, none examined except one on 13 January 2026, indicating the trial was far from conclusion. Considering the prolonged custody of over 16 months and the pending trial, the High Court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the stage of investigation
- Whether the prolonged pre‑trial detention violates the petitioner’s right to liberty
- Whether the petitioner’s claim of false implication and the deceased’s suicide affect the bail decision
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 80
Subjects
- bail
- pre‑trial detention
- false implication
- murder
- suicide
- trial delay
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80290 of 2025
Arising Out of PS. Case No.-365 Year-2024 Thana- GOPALPUR District- Patna
======================================================
Vikash Kumar Son of Ramji Prasad Resident of Village - Gobar Sahi Prasann
Nagar, P.S.- Sadar, District - Muzaffarpur At Present - Chhatrapati Shivaji
Prince Apartment, Bhogipur, P.S.- Gopalpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirdyuti Kumar Verma, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
For the Informant : Dr. Anand Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-01-2026 Heard Mr. Dhirdyuti Kumar Verma, learned counsel
for the petitioner, Dr. Anand Kumar, learned counsel for the
informant and Mr. Anuj Kumar Shrivastava, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.09.2024 in connection with Gopalpur P.S. Case No. 365 of
2024, F.I.R. dated 01.09.2024 for the offences punishable under
Section 80 of the BNS, 2023 but later on Section 103(1) was
also added.
3. Earlier the regular bail application of the petitioner
was rejected vide order dated 16.05.2025 passed in Cr. Misc.
No. 24229 of 2025.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.80290 of 2025(3) dt.16-01-2026
2/4
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
petitioner is in custody since 02.09.2024 and the trial is not in
progress and the petitioner has been made accused merely on
the ground that he is husband of the deceased. In fact, the
deceased had committed suicide herself and the petitioner has
no role at all in the present occurrence. Apart from the aforesaid,
the informant is not the eye witness of the alleged occurrence.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that it has come
during investigation that all the evidence shows that the
petitioner has committed the murder of the deceased and she
died within one and a half years of marriage.
6. Vide order dated 22.12.2025 a report was called
with regard to the stage of trial. Report of the learned trial court
dated 02.01.2026 reveals that the charge has been framed
against the petitioner on 25.09.2025. There are altogether 8
witnesses in the charge sheet where 5 witnesses are private and
3 are public witnesses. As per the report, none of the witnesses
have been examined as yet.
7. Learned counsel for the petitioner as well as learned
Patna High Court CR. MISC. No.80290 of 2025(3) dt.16-01-2026
3/4
counsel for the informant inform this Court that on 13.01.2026
one of the witness, namely, Suman Kumari who is sister of the
deceased has been examined by the trial court.
8. Learned counsel for the petitioner submits that in
view of the report of the learned trial court, the trial is not likely
to be concluded in the near future and the petitioner is in
custody since 02.09.2024.
9. Considering the aforesaid facts and circumstances,
report of the learned trial court as well as the period of custody,
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 Additional
Sessions Judge-II, Patna in connection with Gopalpur P.S. Case
No. 365 of 2024, subject to the 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.
Patna High Court CR. MISC. No.80290 of 2025(3) dt.16-01-2026
4/4
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 bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…