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Patna High Court

Vicky Patel @ Shambhu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specific conditions.

Summary

Vicky Patel was arrested in connection with a case of alleged assault that resulted in the death of the informant's brother‑in‑law. The charge under Section 103(1) of the B.N.S. Act was based on an FIR dated 17‑09‑2025, but the petitioner contended that the FIR was fabricated and that the post‑mortem report indicated death due to a heart attack, not assault. The petitioner, who has no prior criminal record, sought bail, arguing lack of evidence and false implication. The State opposed bail, citing the direct allegation in the FIR. The court, after considering the clean antecedent and the medical evidence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the SDJM of Jehanabad.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 103(1) of the B.N.S. Act where the FIR alleges assault leading to death but medical evidence suggests death due to heart attack.
  • Whether the petitioner’s clean antecedent and alleged falsity of the FIR warrant bail despite the seriousness of the charge.

Legislation cited

Subjects

  • bail
  • Section 103(1)
  • B.N.S. Act
  • false FIR
  • post‑mortem report
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90883 of 2025
                       Arising Out of PS. Case No.-336 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Vicky Patel @ Shambhu Kumar S/O Radhey Patel @ Radhey Shyam Prasad
                 R/O Kako, P.S.- Kako, Dist.- Jahanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anurag Saurav, Advocate
                 For the Informant       :        Mr. Nitya Nand Neeraj, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   10-03-2026                   Heard Mr. Anurag Saurav, learned counsel for the

                   petitioner, Mr. Nitya Nand Neeraj, learned counsel for the

                   informant and Mr. Anil Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   24.09.2025 in connection with Kako P.S. Case No. 336 of 2025,

                   F.I.R. dated 17.09.2025 for the offences punishable under

                   Section 103(1) of the B.N.S. Act.

                                 3. Allegation against the petitioner is that he assaulted

                   the brother-in-law of the informant with iron weight (batkhara)

                   on chest due to which he died on the spot.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.90883 of 2025(3) dt.10-03-2026
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          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. In fact the deceased died due

          to heart attack and the allegation as alleged in the FIR does not

          support the medical evidence (Postmortem report) and the cause

          of death is Cardio Respiratory Failure due to heart attack. He

          further submits that Police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 24.09.2025.

                       5. Learned APP for the State and learned counsel for

          the informnat have vehemently opposed the prayer for bail of

          the petitioner and submits that there is direct allegation against

          the petitioner in the FIR.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that the petitioner has clean antecedent and the

          medical evidence (Postmortem Report) let the petitioner, above

          named, 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 S.D.J.M., Jehanabad in

          connection with Kako P.S. Case No. 336 of 2025, with the

          following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.90883 of 2025(3) dt.10-03-2026
                                                        3/3




                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage 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, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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