Patna High Court
Vikku @ Vikku Chaudhary @ Biku ChaudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail, holding that the confessional statement and recovery of the dead body warranted the refusal of bail.
Summary
Vikku Chaudhary was arrested on 18 September 2024 in connection with a kidnapping‑murder case (Hilsa P.S. Case No. 587 of 2024) under Sections 140(1), 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleges that the petitioner conspired to abduct and kill the victim, and a confessional statement by the petitioner led to the recovery of the weapon and the dead body. The petitioner pleaded for bail, claiming a clean antecedent and that he was implicated only on suspicion without any other material evidence. The State opposed bail, emphasizing the confessional statement and the seriousness of the offence. The Court, after considering the facts, held that the presence of a confessional statement and the recovered dead body justified denial of bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail can be granted to an accused charged with offences under Sections 140(1), 61(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 when a confessional statement and the dead body of the victim have been recovered.
- Whether mere suspicion, without additional material evidence, is sufficient to justify the grant of bail in a serious kidnapping‑murder case.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 140(1), 3(5), 61(2)
Subjects
- bail
- kidnapping
- murder
- confessional statement
- Bharatiya Nyay Sanhita
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86613 of 2025
Arising Out of PS. Case No.-587 Year-2024 Thana- HILSA District- Nalanda
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Vikku @ Vikku Chaudhary @ Biku Chaudhary S/O Musafir Chaudhary R/O
Marachi, P.S- Chiksaura, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
18.09.2024 in connection with Hilsa P.S. Case No. 587 of 2024,
FIR dated 17.09.2024 registered for the offence under Section
140(1), 61(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the informant
alleged that her husband along with others went for a function at
his maternal-in-law’s house. After the function, when her
husband did not came back, she started search for him and
found that the petitioner along with others in conspiracy
kidnapped his husband in order to kill him.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
Patna High Court CR. MISC. No.86613 of 2025(3) dt.30-03-2026
2/2
falsely been implicated in this case merely on the basis of
suspicion and except suspicion, no other cogent material has
come during investigation which suggest the involvement of the
petitioner in the present occurrence and thereafter the petitioner
has confessed his guilt in the present occurrence and the
petitioner is rotting in judicial custody since 18.09.2024.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner was apprehended and his statement was
recorded before police and on the basis of his confessional
statement arms used in the alleged occurrence as well as dead
body of the deceased was recovered.
6. Considering the aforesaid facts and
circumstances of the case as well as the fact that dead body of
the deceased was recovered on the basis of confessional
statement of petitioner, I am not inclined to enlarge the
petitioner on bail in connection with ACJM-I, Hilsa, Nalanda
pending in the Court of Hilsa P.S. Case No. 587 of 2024.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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