Patna High Court
Viki Kumar @ Vickee KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Viki Kumar, was arrested in connection with a murder case (Sessions Trial No. 1512 of 2025) under Sections 103(1) and 3(5) of the BNS. He claimed innocence and argued that a co‑accused, Vivek Kumar, had already been granted bail and had implicated the petitioner. The petitioner sought bail, offering a bond of Rs. 10,000 with two sureties. The court noted that the co‑accused had been released on bail by a coordinate bench and found no reason to keep the petitioner in custody. Accordingly, the court allowed the bail application, directing the petitioner to cooperate with the trial and comply with bail conditions.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the BNS in a murder case.
- Whether the grant of bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- murder
- Sections 103(1) BNS
- Section 3(5) BNS
- co‑accused
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82885 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- SAHPUR District- Patna
======================================================
Viki Kumar @ Vickee Kumar S/O Dilip Mahto Resident of Patpara, Uttar,
Ward No. 1, P.S- Bibhutipur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 1512 of 2025 arising out of Shahpur P.S.
Case No. 85 of 2025 registered for the offence under Sections
103(1), 3(5) of the BNS.
3. As per the prosecution case, the accused persons
are said to have killed the deceased by stabbing her.
4. The petitioner is in custody since 1.3.2025.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that one co-
accused Vivek Kumar was caught on the spot and upon whose
statement, the murder weapon was recovered, has already been
granted bail by a co-ordinate Bench of this Court vide order
dated 16.10.2025 passed in Cr. Misc. No. 61259 of 2025. He
further submits that Vivek Kumar has named the petitioner as
Patna High Court CR. MISC. No.82885 of 2025(3) dt.19-03-2026
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one of the accused who had participated in the crime.
6. Considering the facts of the case and considering
the fact that co-accused had already been granted bail by a co-
ordinate Bench of this Court, this application is allowed.
7. 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 District and Additional Sessions Judge-VI, Danapur,
Patna/concerned Court below in connection with Sessions Trial
No. 1512 of 2025 arising out of Shahpur P.S. Case No. 85 of
2025.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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