Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 302, 34
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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