Vishal Kumar @ Chhotu Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Vishal Kumar @ Chhotu Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Patna in connection with Shastri Nagar P.S. Case No. 182 of 2025, Sessions Case No.1523 of 2025, subject to three conditions (one bailor a close relative; presence on each date fixed by the trial court if required; bail bond cancellable on non-appearance or violation of terms).

Issue for consideration

Whether the petitioner, in custody since 16.03.2025 in Shastri Nagar P.S. Case No. 182 of 2025 for offences under Sections 103(1), 61(2) and 3(5) of the BNS, 2023, and whose earlier bail prayer was rejected on 21.01.2026, should be released on regular bail.

Court's answer

Regular bail granted: petitioner to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Patna in connection with Shastri Nagar P.S. Case No. 182 of 2025, Sessions Case No.1523 of 2025.

Ratio / Principle

The grant of bail rests on parity with co-accused: two similarly situated co-accused had already been granted bail by Co-ordinate Benches of this Court (Cr. Misc. Nos. 58037 of 2025 and 13629 of 2026).

Key takeaways

Bail is conditional: one bailor to be a close relative, petitioner to remain present on dates fixed by the trial court if required, and on non-appearance or violation of bail terms the bail bond is liable to be cancelled by the Court concerned.ratio¶26

Detailed headnote1 paragraphs

Criminal Miscellaneous (regular bail) - Patna High Court, order dated 19-06-2026 (Hon'ble Mr. Justice Ramesh Chand Malviya) - Regular bail granted to Vishal Kumar @ Chhotu, in custody since 16.03.2025 in Shastri Nagar P.S. Case No. 182 of 2025 (Sessions Case No.1523 of 2025) for offences punishable under Sections 103(1), 61(2) and 3(5) of the BNS, 2023 (alleged assault on deceased Shiv Kumar with bricks, death during treatment) - earlier bail prayer rejected in Cr. Misc. No.82015 of 2025 vide order dated 21.01.2026 - bail allowed on parity, two similarly situated co-accused having already been granted bail by Co-ordinate Benches in Cr. Misc. Nos. 58037 of 2025 and 13629 of 2026 - bail bond of Rs.10,000 with two sureties of like amount before Additional Sessions Judge-V, Patna - conditions: one bailor a close relative, presence on each date fixed by trial court, bail bond cancellable on non-appearance or violation of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34830 of 2026

Arising Out of PS. Case No.-182 Year-2025 Thana- SHASTRINAGAR District- Patna

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

Vishal Kumar @ Chhotu (M), aged 20 about years, S/O Lalbabu Singh, Resident of Nandani Path West Patel Nagar, P.S- Sashtri Nagar , District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mithlesh Kumar Gupta, Advocate Mr. Ramesh Gupta, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 19-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 103(1), 61(2) and 3(5) of the BNS, 2023.

Earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No.82015 of 2025 vide order dated 21.01.2026.

As per allegation in the FIR, one Vishal Kumar (petitioner) has assaulted Shiv Kumar (deceased) by means of bricks upon his head, as a result of which, he fell down into the well situated in the court yard and later on he was taken to the

Patna High Court CR. MISC. No.34830 of 2026(2) dt.19-06-2026 2/3

hospital and during course of treatment he was declared dead.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that similarly situated two co-accused persons have already been granted bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 58037 of 2025 and 13629 of 2026. Petitioner is in custody since 16.03.2025.

Learned APP for the State opposes the prayer for regular bail of the petitioner.

In view of the aforesaid submissions as well as the fact that similarly situated two co-accused persons have already been granted bail by Co-ordinate Benches of this Court, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Patna in connection with Shastri Nagar P.S. Case No. 182 of 2025, Sessions Case No.1523 of 2025 with three following conditions:-

(I) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned

Patna High Court CR. MISC. No.34830 of 2026(2) dt.19-06-2026 3/3

trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T