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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted to the petitioner subject to the stipulated conditions.

Summary

Vikash Kumar was initially implicated in a murder case (Pipariya P.S. Case No.31 of 2019) under Sections 302 and 34 of the Indian Penal Code. After investigation, the final report exonerated him, but the magistrate proceeded to take cognizance despite the exoneration. Fearing arrest, the petitioner filed an application for bail before the Patna High Court. The Court examined the discrepancy between the final exonerating report and the magistrate's action. Finding that the petitioner had been cleared by the investigation, the Court allowed the bail application. The order directed that, if arrested within six weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Sections 482 and 438(2) of the Code of Criminal Procedure, 1973.

Issues considered

  • Whether bail should be granted when the investigating agency has exonerated the accused but the magistrate has taken cognizance of the case.

Legislation cited

Subjects

  • bail
  • exoneration
  • final form
  • cognizance
  • Indian Penal Code
  • Criminal Procedure Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91070 of 2025
                       Arising Out of PS. Case No.-31 Year-2019 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
                 Vikash Kumar Son of Umesh Singh Resident of Village - Walipur, P.S. -
                 Pipariya, District - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Abhay Shanker Singh, Advocate
                 For the State            :         Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Pipariya P.S. Case No. 31 of 2019 instituted under

                   Sections 302/34 of the Indian Penal Code.

                                3. Though the petitioner was initially accused in the

                   case but after investigation, he has been exonerated and final

                   form was submitted exonerating the petitioner. The Magistrate

                   has taken cognizance by differing with the final form.

                                4. Considering the above, this application is allowed.

                                 5. Accordingly, in the event of arrest or surrender

                   before the Court below within six weeks from today, the

                   petitioner, above named, be released on bail upon furnishing

                   bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
           Patna High Court CR. MISC. No.91070 of 2025(2) dt.28-01-2026
                                                       2/2




                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Lakhisarai/ concerned J.M. 1st Class, Lakhisarai in

                     connection with Pipariya P.S. Case No. 31 of 2019, subject to

                     the conditions laid down in Section 482 of the BNSS/ 438(2) of

                     the Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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