Patna High Court
Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the investigation material sufficiently connects the petitioners to the offence.
Summary
Roshan Kumar and Vishal Kumar were charged with murder under sections 126(2), 115(2), 109, 140(1), 61(1) and 3(5) of the B.N.S., 2023, alleged to have killed the deceased with a stone. Both petitioners have been in custody since August 2025. The prosecution presented CCTV footage and a self‑inculpatory statement of a co‑accused linking them to the crime. The petitioners applied for regular bail. The court examined the material evidence and concluded that it sufficiently connected the petitioners to the offence, and therefore refused to grant bail. The order expressly states that no view on the merits of the case was expressed, and the bail applications were dismissed.
Issues considered
- Whether the petitioners are entitled to regular bail in view of the evidential material linking them to the murder under the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 140(1), 3(5), 61(1)
Subjects
- murder
- regular bail
- CCTV evidence
- self‑inculpatory statement
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8141 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Roshan Kumar S/O Uday Sah @ Uday Shah R/O Village- Dalluchak, P.S-
Khagaul, Distt.- Patna, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 12575 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Vishal Kumar @ Rider @ Gop Jee Son of Ranjan Singh Resident of Village-
Mustafapur, P.S.- Khagaul, District- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Badal Kumar Son of Late Gopal Ram Resident of Village- Kothwa, P.S.-
Khagaul, District- Patna
... ... Opposite Parties
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 8141 of 2026)
For the Petitioner : Mr. Saket Anand, Advocate
For the State : Mr. Md. Aslam Ansari, APP
For the informant : Mr. Ashish Giri, Sr. Advocate
(In CRIMINAL MISCELLANEOUS No. 12575 of 2026)
For the Petitioner/s : Ms. Shalini Kumari, Advocate
For the State : Mr. Abhay Kumar Roy, APP
For the Informant : Mr. Ashish Giri, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 28-04-2026 Since both these cases arise out of the same F.I.R.
i.e. Khagaul P.S. Case No.256 of 2025, they have been heard
together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners,
learned APP for the State and learned Senior Counsel for the
informant.
3. The petitioners seek regular bail in
connection with Khagaul P.S. Case No.256 of 2025 registered
Patna High Court CR. MISC. No.8141 of 2026(4) dt.28-04-2026
2/2
for the offence under sections 126(2), 115(2), 109, 140(1), 61(1)
and 3(5) of the B.N.S., 2023.
4. The petitioners and others are said to have
killed the deceased with a stone. The petitioner - Roshan Kumar
is in custody since 07.08.2025 and the petitioner - Vishal Kumar
is in custody since 31.08.2025.
5. The petitioners have been captured in the
C.C.T.V. footage and the name of the petitioner- Roshan Kumar
has also come in the self - inculpatory statement of co-accused.
6. Considering the fact that during
investigation, the materials have come to connect the petitioners
with the crime, I am not inclined to grant bail to the petitioners.
Accordingly, these bail applications are rejected.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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