Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, as the allegations were based only on a co‑accused's confession and there was no eyewitness evidence.
Summary
Vikash Kumar and Umesh Kumar, sons of Kanhaiya Raut, applied for anticipatory bail fearing arrest in a murder case registered under Sections 103(1), 238 and 3(5) of the Bihar Nagarik Suraksha Sanhita. The FIR named an unknown perpetrator and the petitioners' names were not mentioned therein; they were implicated solely based on a confessional statement of co‑accused Kanhaiya Raut, who had already been granted regular bail. The petitioners asserted their innocence, lack of criminal antecedent, and the absence of any eyewitness. The State opposed the bail. The Court, noting the lack of eyewitness testimony and that the allegation arose only from the co‑accused’s confession, granted anticipatory bail subject to a bail bond, sureties, cooperation with investigation, and verification of any criminal antecedent.
Issues considered
- Whether anticipatory bail can be granted when the petitioners are implicated solely on the basis of a co‑accused's confessional statement and no eyewitness evidence.
- Whether the petitioners' lack of criminal antecedent warrants the grant of anticipatory bail under Section 438 CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- confessional statement
- no eyewitness
- criminal antecedent
- Section 438
- Section 482
- Bihar
- murder case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88094 of 2025
Arising Out of PS. Case No.-397 Year-2025 Thana- BAIRIYA District- West Champaran
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1. Vikash Kumar Son of Kanhaiya Raut @ Kanaeya Raut R/o Village-
Ojhwaliya, Ward No. 16, P.S.- Bairiya, District- West Champaran
2. Umesh Kumar Son of Kanhaiya Raut @ Kanaeya Raut R/o Village-
Ojhwaliya, Ward No. 16, P.S.- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1),
238, 3(5) of BNS.
3. The FIR of the occurrence of murder is agaisnt
unknown.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. He further submits that petitioners is not named in
the F.I.R. and the name of the petitioners have been transpired
on the basis of confessional statement of one co-accused,
Patna High Court CR. MISC. No.88094 of 2025(3) dt.24-02-2026
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Kanhaiya Raut. Learned counsel for the petitioner further
submits that the petitioners have no criminal antecedent, as
statement made in para 3 of the bail application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and considering the fact that there is no eye witness
in this case, who is said to have seen the petitioners committing
offence and also taking note of the fact that the name of the
petitioners have come up during investigation on the basis of
confessional statement of co-accused Kanhaiya Raut, who has
already been granted regular bail, vide order dated 27.01.2026
passed in Cr. Misc. No. 82432 of 2025, I am inclined to grant
privilege of anticipatory bail to both the petitioners.
7. Let both the petitioners, as named above, in the
event of their arrest or surrender within four weeks from today,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of Smt. Shweta Shukla, learned
Judicial Magistrate Ist Class, Bettiah, West Champaran, subject
to the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Patna High Court CR. MISC. No.88094 of 2025(3) dt.24-02-2026
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Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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