Patna High Court
VIKASH KUMAR CHOUDHARY @ VIKASH CHOUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Vikash Kumar Choudhary applied for anticipatory bail after being implicated in a case under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita for the alleged murder of an informant's son. The prosecution alleged a conspiracy involving several accused, including the petitioner, to obtain money and force a sale deed. The petitioner contended that he was named only on suspicion, that the deceased died of alcohol consumption with no injuries, and that he had a clean antecedent. The State opposed the bail. Considering the nature of the accusation, the petitioner’s clean record, and lack of substantive evidence, the court granted anticipatory bail subject to a bond and sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and lack of material evidence justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- suspicion
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- Section 61
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8593 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Vikash Kumar Choudhary @ Vikash Choudhary S/O Indar Kumar Choudhary
@ Indra Kumar Choudhary Resident of Village- Panchobh, Police Station-
Bishanpur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 07-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1), 61(2) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 05.10.2025
informant received information from his co-villager, namely,
Kamlesh Jha that son of the informant is lying near his house
and upon such, information when informant reached at the spot,
he found his son lying dead. Informant suspects that all the
F.I.R. named accused persons, in a conspiracy, killed his son
with a view to grab the money. It is further alleged that co-
accused Akhilesh Mishra compelled his son to execute sale
deed, without any consideration amount, and this petitioner was
Patna High Court CR. MISC. No.8593 of 2026(4) dt.07-05-2026
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witness in differed sale deeds executed by the son of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Informant
is not an eye witness to the occurrence and petitioner has been
made accused in this case only on suspicion. From bare perusal
of the F.I.R. it is apparent that relationship between informant
and his son was not cordial as the deceased was selling his land
to different persons and was not giving any money to the
informant. Petitioner has been made accused in this case
merely because he is co-villager and witness in some of the sale
deeds. Save and except suspicion, there is no other material
available on record to substantiate the allegation levelled against
petitioner. As a matter of fact, deceased died due to over-
consumption of liquor and as per post-mortem report, no
external or internal injury was found on the person of deceased.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
Patna High Court CR. MISC. No.8593 of 2026(4) dt.07-05-2026
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eight weeks from today, be enlarged 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 Judicial Magistrate,
1st Class, Darbhanga in connection with Bishanpur P. S. Case
No. 130 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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