Patna High Court
Vinay Pal @ Binay PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner.
Summary
Vinay Pal was arrested in connection with a kidnapping and murder case (Sections 364 and 302 IPC) arising from an incident on 26 May 2022, with the FIR lodged 45 days later. The petitioner, claiming a clean antecedent, argued that the investigation was complete, a charge sheet had been filed, and no incriminating material was found against him. He also highlighted that co‑accused in the same case had previously been granted anticipatory or regular bail. The State opposed bail, citing the seriousness of the offences. The court, noting the delayed FIR, the completed investigation, the petitioner’s clean record, and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted in a case involving kidnapping for ransom and murder under Sections 364 and 302 IPC.
- Whether the delay in lodging the FIR and the completion of investigation without incriminating material justify bail.
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused warrant release on bail.
Legislation cited
- BNSS — s. 480(3)
- Indian Penal Code — s. 302, 364
Subjects
- bail
- kidnapping
- murder
- IPC
- anticipatory bail
- clean antecedent
- charge sheet
- investigation
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90160 of 2025
Arising Out of PS. Case No.-433 Year-2022 Thana- BELHAR District- Banka
======================================================
Vinay Pal @ Binay Pal S/O Raju Pal Resident of village- Giddha, P.S.-
Belhar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Belhar P.S. Case No. 433 of 2022 registered for the offence
under Sections 364, 302 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in
custody since 14.09.2025.
4. As per FIR, the petitioner and other co-accused
persons alleged to have kidnapped the son of the informant
alongwith other co-accused persons and thereafter to
commit murder and throw his dead body in the Belharna
Dam.
5. Learned counsel appearing on behalf of the
petitioner submitted that for the alleged occurrence the
Patna High Court CR. MISC. No.90160 of 2025(2) dt.11-02-2026
2/3
present FIR was lodged on the basis of complaint case filed
before learned CJM, Banka bearing no 1124 of 2022. It is
pointed out that as per FIR the occurrence took place on
26.05.2022, and the dead body was recovered on
06.06.2022 from an isolated place. The complaint for the
occurrence was lodged on 16.07.2022 i.e., after passing of
almost about 45 days, merely on the basis of suspicion out
of local dispute and differences. It is submitted that
considering the nature of accusations and overall aspect of
the case, one of the learned co-ordinate Bench of this Court
granted anticipatory bail to similarly situated co-accused
namely, Vijay Pal and Kranti Devi through Cr. Misc. No.
50461 of 2023 dated 17.08.2023 and furthermore the co-
accused Bipin Pal @ Bipin Kr. Pal was granted regular bail
through Cr. Misc. No. 67774 of 2023 dated 18.10.2023.
While concluding the argument, it is submitted that
petitioner is a man of clean antecedent and moreover,
investigation of this case is completed, for which charge-
sheet has been submitted, as such, there is no chance of
tampering with the evidence.
Patna High Court CR. MISC. No.90160 of 2025(2) dt.11-02-2026
3/3
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as the FIR of the occurrence, was lodged
after 45 days of the occurrence that to on the basis of
suspicion, coupled with fact as investigation of this case
already completed where prima-facie no incriminating
material surfaced against petitioner out of suspicion as
expressed through FIR, where petitioner being a man of
clean antecedent remains in custody since 14.09.2025,
accordingly petitioner above named, is directed to be
released on bail in connection with Belhar P.S. Case No.
433 of 2022 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned CJM, Banka
/concerned court, subject to the conditions as mentioned
under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…