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

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

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, in the event of arrest or surrender within four weeks, to be released on bail on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/concerned court below, subject to Section 438 CrPC conditions; petitioner to join the investigation; personal appearance of the SHO, Baikunthpur Police Station, Gopalganj dispensed with.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Baikunthpur P.S. Case No. 148 of 2023 registered for offences under Sections 341, 342, 323, 504, 302, 201/34 of the Indian Penal Code.

Court's answer

The Court found that the offence made out against the petitioner is under Section 201 of the Indian Penal Code and not under Section 302 IPC, and on that basis allowed the application for anticipatory bail.

Ratio / Principle

On arrest or surrender within four weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/concerned court below, subject to the conditions under Section 438 CrPC.

Detailed headnote1 paragraphs

Anticipatory bail granted (Sandeep Kumar, J., 17-02-2025) — Vicky Kumar @ Bittu Kumar, apprehending arrest in Baikunthpur P.S. Case No. 148 of 2023 (District Gopalganj) registered under Sections 341, 342, 323, 504, 302, 201/34 IPC for alleged participation in disposal of the deceased's body. Court held the offence made out was under Section 201 IPC, not Section 302 IPC, and allowed the application: release on arrest or surrender within four weeks on bail bonds of Rs. 10,000/- with two like sureties to the CJM, Gopalganj/concerned court below, subject to Section 438 CrPC conditions; petitioner to join investigation; personal appearance of SHO, Baikunthpur P.S., dispensed with. Parity plea based on co-accused order dated 04.09.2024 in Cr. Misc. No. 58932 of 2024 was raised by counsel.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65257 of 2024

Arising Out of PS. Case No.-148 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj

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

Vicky Kumar @ Bittu Kumar Son of Kedar Giri R/o - Singhasni, P.S - Baikunthpur, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

6 17-02-2025

Heard the learned counsel for the petitioner and

learned counsel for the State; Sri Jharkhandi Upadhyay, APP.

The petitioner apprehends his arrest in connection with Baikunthpur P.S. Case No. 148 of 2023 registered for offences under Sections 341, 342, 323, 504, 302, 201/34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of having participated in the disposal of the body of the deceased.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submitted that similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 04.09.2024 passed in Cr. Misc. No. 58932 of 2024.

Patna High Court CR. MISC. No.65257 of 2024(6) dt.17-02-2025 2/2

Learned APP for the State has vehemently opposed the prayer for bail.

Considering the fact that offence under Section 201 of the Indian Penal Code is made out and not under Section 302 of the Indian Penal Code, this application for anticipatory bail is allowed.

Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court below in connection with Baikunthpur P.S. Case No. 148 of 2023 subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure.

This application for anticipatory bail is allowed.

The personal appearance of the SHO, Baikunthpur

Police Station, Gopalganj is dispensed with.

The petitioner will join the investigation.

(Sandeep Kumar, J)

Shishir/-

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