Patna High Court
Vicky Patel @ Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. Act — s. 103(1)
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
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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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