Patna High Court
Vikash Kumar @ Vikash ChoudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not convinced that the petitioner was not involved in the alleged murder.
Summary
Vikash Kumar, the petitioner, was arrested on 9 October 2025 in connection with a murder case (PS Case No. 165 of 2025) under Sections 103(1) and 238 of the Bihar Narcotic Substances Act, 2023. He applied for bail, claiming a clean record and that the FIR was fabricated. The prosecution, supported by the informant, presented evidence that the petitioner’s mobile was the last to contact the deceased, a recorded confessional statement, and the recovery of the murder weapon. The court examined these facts and found the evidence sufficient to suggest the petitioner’s involvement. Consequently, the court refused bail, holding that the petitioner should remain in custody pending trial.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 238 of the BNS, 2023 in view of the alleged confession and recovered evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 238
Subjects
- bail
- murder
- confessional statement
- Section 103(1) BNS
- Section 238 BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9874 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- Singhaul District- Begusarai
======================================================
Vikash Kumar @ Vikash Choudhary S/O Manoj Choudhary R/O Village-
Baghi, Ward No. 25, Post Office- Lohiya Nagar, P.S- Lohiyanagar, Distt.-
Begusarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
For the Informant : Mr. Chitranjan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Sanjeet Kumar, learned counsel for the
petitioner, Mr. Chitranjan Kumar, learned counsel for the
informant and Mr. Tarun Prasad Mandal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.10.2025 in connection with Singhaul P.S. Case No. 165 of
2025, F.I.R. dated 07.10.2025 for the offences punishable under
Sections 103(1) and 238 of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused person have committed murder of the
informant's husband.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.9874 of 2026(3) dt.02-04-2026
2/2
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that it has come
during investigation in paragraph no. 22 of the case diary that
petitioner's mobile phone was the last one to be in contact with
the deceased before his death and thereafter, the confessional
statement of the petitioner was recorded in paragraph no. 27 of
the case diary in which he has accepted his involvement in the
present crime in question and on the basis of his disclosure, a
knife, wire and cloth used in the commission of the present
crime were recovered.
6. Considering the aforesaid facts and circumstances,
I am not inclined to enlarge the petitioner on bail in connection
with Singhaul P.S. Case No. 165 of 2025 pending in the court of
learned Additional Chief Judicial Magistrate-IV, Begusarai.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
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