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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Vikash Kumar sought anticipatory bail after learning that he might be arrested in connection with PS Saraiya Case No. 361 of 2014, which alleged his participation in a conspiracy to extort money and murder the informant's wife under IPC sections 304, 338, 120(b) and 34. The prosecution’s narrative claimed that the accused, including the petitioner, acted together to illegally operate the informant's wife, leading to her death. The petitioner contended that the allegations were false, he had no criminal antecedent, and there was no material linking him to the crime. The State opposed the grant of anticipatory bail. The High Court noted that the police investigation report favored the petitioner, a co‑accused had already been granted anticipatory bail, and the petitioner’s clean record warranted relief. Consequently, the Court granted anticipatory bail subject to a bail bond, sureties, cooperation with investigation, and verification of any concealed antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations and his clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • conspiracy
  • murder
  • clean antecedent
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8989 of 2026
                     Arising Out of PS. Case No.-361 Year-2014 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Vikash Kumar Son of Sri Umesh Chandra Patel R/o Village - Bahilwara,
                 Bhual South, P.S.- Saraiya, District - Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jai Prakash Verma, Adv
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   22-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Saraiya P.S. Case No. 361 of 2014, registered for the

                   offence punishable under Sections 304, 338, 120(b), 34 of the

                   I.P.C.

                                3. As per the prosecution story, all the accused

                   persons including the petitioner acting in conspiracy, wrongfully

                   took money from the informant and illegally operated his wife

                   due to which she died untimely. He further alleged that all the

                   accused persons together murdered his wife.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. The

                   prosecution story is completely false and concocted. He has not
Patna High Court CR. MISC. No.8989 of 2026(3) dt.22-04-2026
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          operated the wife of the informant. There is no cogent material

          against the petitioner to connect him in the alleged occurrence.

          He further submits that the petitioner has no criminal

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. The petitioner bears clean antecedent and the police

          after investigation had submitted final form in favour of the

          petitioner but the learned Court below in a mechanical manner

          has taken cognizance against the petitioner. Another co-accused

          Dr. Mukesh Kumar has already been granted anticipatory bail

          vide order dated 17.02.2026 passed in Cr. Misc. No. 468 of

          2026. Considering all these aspects of the matter, this Court is

          inclined to grant privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, 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 A.C.J.M., IV (West),

          Muzaffarpur in connection with Saraiya P.S. Case No. 361 of

          2014, subject to the conditions laid down under section 482(2)

          of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to
              Patna High Court CR. MISC. No.8989 of 2026(3) dt.22-04-2026
                                                          3/3




                        the further condition that:-

                                     (i)    the     petitioner      shall   co-operate   in   the

                        investigation/trial.

                                     (ii) the learned Court would, however, verify the

                        criminal antecedent of the petitioner and in case it is found that

                        the petitioner has 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)
kiran/-

U         T


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