Patna High Court
Vinay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted because the petitioner is not the alleged shooter and no overt act is attributed to him, making continued custody unjustified.
Summary
Vinay Ram was arrested in connection with a murder case (Suppi P.S. Case No. 178 of 2024) alleged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR claims that he and co‑accused Vishal Kumar lured the victim’s son to a mango orchard and shot him dead. The petitioner contended that he merely drove the motorcycle on which Vishal Kumar was riding and that no overt act of killing is attributed to him. He had been in custody since 1 February 2025 and filed a regular bail application. The Court observed that the petitioner is not the alleged assailant, there is no specific charge of an overt act against him, and his continued detention was unwarranted. Consequently, the Court granted regular bail on a bond of Rs 10,000 with two sureties, directing his release by the Chief Judicial Magistrate, Sitamarhi.
Issues considered
- Whether regular bail should be granted to the petitioner who is alleged to have been involved in a murder under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- murder
- arms act
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82086 of 2025
Arising Out of PS. Case No.-178 Year-2024 Thana- SUPPI District- Sitamarhi
======================================================
Vinay Ram Son of Late Hargen Ram Resident of Village - Nanhakar, P.S. -
Suppi, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar Mishra, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Suppi P.S. Case No. 178 of 2024, registered for the offences
punishable under Sections 103(1), 61(2) and 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., informant alleged that this petitioner,
along with co-accused Vishal Kumar, took his son towards
mango orchard and thereafter, shot him dead.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case due to previous enmity. From bare perusal of the F.I.R. it is
apparent that specific accusation of killing the deceased by
firing is against co-accused Vishal Kumar. So far as this
Patna High Court CR. MISC. No.82086 of 2025(4) dt.12-02-2026
2/2
petitioner is concerned, he is only alleged to be driving the
motorcycle on which co-accused Vishal Kumar was riding and
there is absolutely no allegation of overt act against this
petitioner. Moreover, charge-sheet has already been submitted
that petitioner is in custody since 01.02.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the facts and circumstances of the
case, fact that petitioner is not assailant of the deceased and
period of custody, the prayer for grant bail of to the petitioner is
allowed.
7. Accordingly, let the above named petitioner 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 learned Chief Judicial Magistrate, Sitamarhi in
connection with Suppi P.S. Case No. 178 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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