Patna High Court
Viphan RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant regular bail to the petitioner.
Summary
The petitioner, Viphan Rai, applied for regular bail in a case registered as Maner P.S. Case No. 74 of 2024, originally involving offences under Sections 363 and 365 of the IPC, with later additions of Sections 302, 364 and 201. The prosecution alleged that the deceased left with the petitioner, who later returned and the dead body was discovered; the petitioner was also found using the deceased’s mobile phone. He has been in custody since 19‑10‑2024. The court noted the seriousness and gravity of the allegations and the material evidence linking the petitioner to the crime. Considering these factors, the court was not inclined to grant regular bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences and the evidential material linking him to the crime.
Legislation cited
- Indian Penal Code — s. 201, 302, 363, 364, 365
Subjects
- regular bail
- bail application
- Indian Penal Code
- Section 363
- Section 365
- Section 302
- Section 364
- Section 201
- murder
- theft
- kidnapping
- evidence tampering
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81607 of 2025
Arising Out of PS. Case No.-74 Year-2024 Thana- MANER District- Patna
======================================================
Viphan Rai S/o Sitaram Rai @ Sitaram Ray R/o Village - Goraiya Asthan,
Langa Tola, (Naga Tola), P.S - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Kumar
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Maner P.S. Case No. 74 of 2024 registered for the offence under
Sections 363 and 365 of the IPC and later on Sections 302, 364,
201 of the IPC was added.
3. As per the prosecution case, the deceased had left
with the petitioner, but subsequently the petitioner returned, and
the dead body of the deceased was found. The petitioner was
found using the mobile phone belonging to the deceased, which
was identified by the informant. The petitioner is in custody
since 19.10.2024.
4. The allegations against the petitioner are serious
and grave in nature. Sufficient materials have come during the
Patna High Court CR. MISC. No.81607 of 2025(5) dt.26-03-2026
2/2
investigation to connect the petitioner with the crime.
5. Considering the allegation levelled against the
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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