Patna High Court
Vikesh Kumar @ Vikesh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail, holding that the lack of corroborative forensic evidence, the petitioner’s clean antecedent, and the filed charge sheet removed the necessity for continued detention.
Summary
The petitioner, Vikesh Kumar, was arrested in connection with a case alleging assault and murder of an informant's son, with charges under several sections of the BNS. The prosecution alleged that the petitioner, along with others, assaulted the informant's house, abducted the son and later killed him, while the defence argued that the petitioner was falsely implicated due to a land dispute and that the post‑mortem report indicated asphyxia, suggesting suicide rather than homicide. The petitioner had no prior criminal record and had been in custody since 31 July 2025, with the charge sheet already filed. The State opposed bail, contending the petitioner was a principal assailant. The court, noting the lack of corroboration between the FIR and the post‑mortem report, the petitioner’s clean antecedent, and the absence of any risk of evidence tampering, ordered his release on bail with conditions. The bail bond was set at Rs. 10,000 with two sureties and specific compliance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite serious charges of assault and murder.
- Whether the post‑mortem report undermines the prosecution's case and justifies bail.
- Whether the petitioner poses a risk of tampering with evidence or absconding.
Legislation cited
- BNS — s. 103(1), 115(2), 126(2), 329(3), 3(5)
Subjects
- bail
- criminal procedure
- post-mortem report
- false implication
- land dispute
- clean antecedent
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90003 of 2025
Arising Out of PS. Case No.-470 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Vikesh Kumar @ Vikesh Paswan S/O Upendra Paswan @ Upendra Ram
Resident Of Village- Bara Bariyarpur, P.S.- Chhatauni, Dist.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Chhatauni P.S. Case No. 470 of 2025 registered for the
offences punishable under Sections 329(3), 126(2), 115(2),
103(1) and 3(5) of the BNS.
3. As per the prosecution case, the petitioner
along with others, variously armed, came to the door of the
informant and assaulted informant and her son. Thereafter,
they took away her son and after killing him, threw his dead
body at the door of her brother-in-law.
Patna High Court CR. MISC. No.90003 of 2025(2) dt.13-01-2026
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4. Learned counsel for the petitioner submits that
the petitioner is completely innocent and has been falsely
implicated in the present case. It is further contended that
there is no specific allegation against the petitioner with
regard to assaut the victim, who is the son of the informant.
Although the informant has annexed the post-mortem report
and the same clearly reveals that the cause of death of the
victim was asphyxia, which does not corroborate the
allegations made in the F.I.R. It is, therefore, submitted that
the petitioner has been falsely implicated in the present case,
whereas the death of the victim appears to be a case of
suicide, with which the petitioner has no connection. Merely
on account of an existing land dispute between the parties, the
petitioner has been falsely shown as an assailant and charges
have been framed solely to suit the prosecution story. Apart
from that petitioner having no criminal antecedent. Petitioner
is in custody since 31.07.2025. Charge sheet has already been
submitted in the case and there is no likelihood of tampering
with the prosecution evidence.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner, submitting that the petitioner
is one of the assailants who concertedly assaulted the
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informant’s son, who later died.
6. Considering the facts and circumstances of the
case, period of custody, allegation of F.I.R. has not been
supported by post-mortem report, keeping in view clean
antecedent of petitioner, charge sheet has been submitted in
the case and there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available
on record, let the petitioner above named be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Chhatauni P.S. Case
No. 470 of 2025, subject to following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has
sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on each and every date and absence for two
consecutive dates without appropriate permission, would be a
ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.90003 of 2025(2) dt.13-01-2026
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the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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