Created by Fuzzy Cloud

Patna High Court

Vishal Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court declined to grant bail as there is a specific allegation against the petitioner for throwing a brick that caused the death, and the gravity of the offence warrants custody.

Summary

Vishal Kumar, a 19‑year‑old, was arrested in connection with the death of his brother‑in‑law after a quarrel in which a brick was allegedly thrown at the victim, causing him to fall into a well and die. The petitioner claimed innocence, asserting that the death was due to drowning and that he was falsely implicated in a property dispute, and sought regular bail after being in custody since 16‑03‑2025. The State and the informant opposed bail, highlighting a specific allegation in the FIR that the petitioner threw the brick, which is an offence under Sections 103(1), 61(2) and 3(5) of the BNS. The court examined the FIR, case diary, post‑mortem report and the impugned order of the Additional Sessions Judge, finding the allegation against the petitioner specific and the offence grave. Consequently, the court refused bail, directing that the petitioner may re‑apply after completing one year of custody.

Issues considered

  • Whether bail should be granted to the petitioner given the specific allegation of throwing a brick that caused death
  • Whether the gravity of the offence under Sections 103(1), 61(2) and 3(5) of the BNS warrants continued custody

Legislation cited

  • BNS — s. 103(1), 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • murder
  • property dispute
  • specific allegation
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82015 of 2025
                    Arising Out of PS. Case No.-182 Year-2025 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Vishal Kumar @ Chhotu, Male, aged about 19 years, Son of Lal Babu Singh,
                 Resident of Village- Nandani Path West Patel Nagar, P.S.- Sashtri Nagar,
                 District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Mithlesh Kumar Gupta, Advocate
                                                 Mr. Ramesh Gupta, Advocate
                 For the State           :       Mr. Pranav Kumar, APP
                 For the Informant       :       Mr. Abhay Kumar, Advocate
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Shashtrinagar P.S. Case No. 182 of 2025 instituted for the

                   offences punishable under Sections 103(1), 61(2) and 3(5) of

                   the BNS.

                                 3. As per allegation in the FIR, informant has gone to

                   his brother’s house and all of a sudden, his cousins and aunt

                   appeared there and started quarreling with his brother, which

                   was pacified, but after some time, the accused persons again

                   started quarreling, during which one accused threw bricks upon

                   his brother’s head, in the result there of, he fell down into the
Patna High Court CR. MISC. No.82015 of 2025(3) dt.21-01-2026
                                            2/3




          well situated in the court-yard in which the informant’s brother

          was taken to the hospital, where he died.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence and has

          falsely been implicated in this case due to property dispute. He

          submits that the accused Manju Devi is own aunt (chachi) of the

          informant. He further submits that in the postmorten reports the

          cause of death was due to sink in water and not due to the injury

          of brick. Petitioner is in custody since 16.03.2025.

                       5. Learned APP for the State and learned counsel for

          the informant opposes the prayer for bail of the petitioner and

          submits that there is specific allegation against the petitioner.

                       6. From perusal of the FIR, case diary, postmortem

          report and also perused the impugned order dated 10.09.2025

          passed by the learned Additional Sessions Judge-V, Patna it

          appears that allegation against this petitioner is specific that he

          thrown brick upon the deceased, due to which he fell down in

          the well and died. From perusal of the records, it also appears

          that on the basis of written report of the informant, FIR has been

          registered under Sections 103(1), 61(2) and 3(5) of the BNS

          against the present petitioner. It also appears that there is

          specific allegation against the present petitioner that he thrown
            Patna High Court CR. MISC. No.82015 of 2025(3) dt.21-01-2026
                                                        3/3




                      bricks on the deceased due to which he fell down in the well and

                      died, so considering the facts and circumstances of the case,

                      and submissions of learned counsel for the parties, gravity of

                      offence, I am not inclined to grant bail to the petitioner.

                                   7. Prayer for regular bail of the petitioner is hereby

                      rejected.

                                   8. The petitioner may renew his prayer for bail before

                      the trial Court after completion of one year of custody.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.