Dismissed¶23

Vikash Kumar v. The State of Bihar

Patna HC18 Feb 2025CR. MISC./1116/2025

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.1116 of 2025, decided 18-02-2025 by Justice Rudra Prakash Mishra: bail application of Vikash Kumar in ST No. 775 of 2024 / Ahiyapur PS Case No. 1025 of 2024 (Muzaffarpur), B.N.S. 2023 Sections 137(2), 140(1), 3(5), 103(1) (kidnapping-cum-murder of informant's brother), rejected on grounds of gravity of offence and specific allegation; charge-sheet under Sections 137(2), 140(1), 103(1), 61(2) B.N.S.; custody since 02.08.2024; direction to expedite trial; no precedent cases discussed.

What did the court decide?

Considering the nature and gravity of the offence and the existence of a specific allegation against the petitioner of involvement in the alleged occurrence, the Court is not inclined to grant bail. ¶22

Vikash Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1116 of 2025

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Arising Out of PS. Case No.-1025 Year-2024 Thana- AHIYAPUR District- Muzaffarpur

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======================================================

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Vikash Kumar Son of Rajesh Ray Resident of Village- Basauli Nankar, P.S.Garaha, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit, APP For the Informant : Mr. Shailendra Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 18-02-2025

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Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary called for in Cr. Misc. No.82067 of 2024.

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The petitioner seeks bail in connection with Sessions Trial No. 775 of 2024 arising out of Ahiyapur P.S. Case No. 1025 of 2024 instituted for the offences under Sections 137(2), 140(1), 3(5) & 103(1) of the B.N.S., 2023.

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As per prosecution case, the accusation against the accused persons including the petitioner is of firstly kidnapping the Informant’s elder brother and, thereafter, committing his

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Patna High Court CR. MISC. No.1116 of 2025(3) dt.18-02-2025 2/5

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murder.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case due to dirty village politics and with false and frivolous allegations. The petitioner has not committed any offence as alleged in the F.I.R. There is land dispute between the parties. The name of the petitioner has surfaced in this case on the basis of confessional statement of the co-accused Firangjeb @ Sahil and Noor Khan before the police which has no evidentiary value in the eye of law. No Test Identification Parade has been held conducted in this case. Nothing incriminating has been recovered from the possession of the petitioner. The Informant is not the eye-witness the alleged occurrence. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Learned counsel for the petitioner further submits that except extrajudicial confession of the co-accused persons, there is nothing against the petitioner in

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Patna High Court CR. MISC. No.1116 of 2025(3) dt.18-02-2025 3/5

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this case. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.08.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The Informant and other witnesses in Para 2, 3, 4, 5 and 6 of the case diary have supported the prosecution case. The police has recovered used motorcycle and helmet of the deceased from the place of occurrence. Para-45 of the case diary shows the recovery of the deceased from Darbhanga district. There is confessional statement of co-accused Sahil which in contained in Para-55 of the case diary in which he has confessed that he along with co-accused persons have committed the offence. In Para-99, there is confessional statement of the co-accused Munna Khan in which he has also stated that he in association with other co-accused persons including the petitioner has committed the offence.

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Patna High Court CR. MISC. No.1116 of 2025(3) dt.18-02-2025 4/5

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The police, on the basis of the disclosures made by the co-accused Munna Khan and Noor Khan, have also recovered the alleged vehicle used in the alleged occurrence bearing Regd. No. BR06DG6435. The postmortem report supports the prosecution case. The Investigating Officer has submitted charge-sheet against the accused persons including the petitioner for offence under Sections 137(2), 140(1), 103(1), 61(2) of the B.N.S. The investigation is still pending.

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Having heard learned counsel for the parties and considering the nature and gravity of the offence as also there being specific allegation against the petitioner of being involved in the alleged occurrence, this Court is not inclined to grant bail to the petitioner.

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Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously.

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(Rudra Prakash Mishra, J)

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rishi/-

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Patna High Court CR. MISC. No.1116 of 2025(3) dt.18-02-2025 5/5

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U T

Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Procedural history

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