Patna High Court
Vishwajit Kumar @ BishuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner.
Summary
Vishwajit Kumar petitioned for bail in a criminal case alleging offences under Sections 103(1), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act, stemming from a land‑dispute‑related murder. The prosecution claimed the petitioner, along with other accused, killed the victim, relying on the informant’s suspicion and circumstantial evidence. The petitioner’s counsel argued his innocence, the lack of an eye‑witness, and that co‑accused had already been granted bail in a similar case. The State opposed the bail application. Considering the general nature of the accusations, the parity with co‑accused, and the period of custody, the court allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged
- Whether the circumstantial evidence and parity with co‑accused justify granting bail
Legislation cited
Subjects
- bail
- circumstantial evidence
- Arms Act
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89604 of 2025
Arising Out of PS. Case No.-326 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Vishwajit Kumar @ Bishu Son of Pappu Kumar Singh R/o Village - Mathura,
P.S. - Bidupur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Mishra, Advocate
For the State : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1), 61(2) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant suspects that
due to old land dispute, all the F.I.R. named accused persons,
including this petitioner, killed her husband.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Informant is not an eye witness of the alleged occurrence. The
present case is based on circumstantial evidence. Moreover,
similarly situated co-accused persons have already been granted
bail by this Hon’ble Court vide order dated 20.11.2025 passed in
Patna High Court CR. MISC. No.89604 of 2025(2) dt.31-01-2026
2/2
Cr. Misc. No. 57865 of 2025 and analogus case. Charge-sheet
has already been submitted and petitioner is in custody since
26.05.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity 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 District and Additional Sessions Judge-
VIth, Vaishali, Hajipur in connection with Bidupur P.S. Case
No. 326 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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