Patna High Court
Bablu Yadav @ Kanchan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the evidence did not conclusively establish that the accused’s alleged assault caused the death, and therefore regular bail was warranted.
Summary
The petitioners Kare Yadav and Bablu Yadav were charged under sections 103(1) and 3(5) of the BNS for allegedly assaulting and causing the death of Manav Kumar, the son of an informant. The prosecution alleged that the accused confined the victim, assaulted him, and that he later died in hospital. The defence argued that the hospital report showed the deceased suffered from chronic hepatitis B and C and that the doctor noted no external injuries, contending the death was due to pre‑existing disease. The State’s APP highlighted a post‑mortem that recorded minor bruises and other findings, but no injuries to the chest or stomach as alleged. Considering the medical evidence and lack of clear causal link between the alleged assault and death, the court ordered the petitioners released on regular bail upon furnishing a bail bond.
Issues considered
- Whether regular bail can be granted to accused under sections 103(1) and 3(5) of the BNS in a homicide case.
- Whether the medical evidence of pre‑existing liver disease negates causation of death by the alleged assault.
- Whether the minor injuries noted in the post‑mortem are sufficient to deny bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- medical evidence
- causation
- homicide
- pre‑existing condition
- BNS
- sections 103
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9696 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- Chakia District- Begusarai
======================================================
Kare Yadav @ Chandan @ Chandan Kumar S/o Suresh Yadav @ Ram Suresh
Yadav R/o vill - Bariyahi, P.S.- Chakiya, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 11899 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- Chakia District- Begusarai
======================================================
Bablu Yadav @ Kanchan Yadav S/O Suresh Yadav @ Ram Suresh Yadav R/O
Vill.- Bariyahi,P.S- Chakia, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9696 of 2026)
For the Petitioner/s : Mr.Kumar Binode Bariar, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
(In CRIMINAL MISCELLANEOUS No. 11899 of 2026)
For the Petitioner/s : Mr.Kumar Binode Bariar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 07-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 103
(1) and 3 (5) of the BNS.
3. Both the cases arise out of the same P.S. Case
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Number and, as such, the same have been heard together and are
being disposed of by this common order.
4. The case of the prosecution, in short, is that the son
of the informant, namely Manav Kumar, had gone to pluck
flowers. It is alleged that Kare Yadav, Raj Kumar Yadav and
Bablu Yadav caught hold of him and confined him in a room.
Thereafter, Suresh Yadav is alleged to have exhorted to kill him.
Subsequently, the petitioner Kare Yadav allegedly knocked
down the son of the informant and jumped on his stomach,
while the petitioner Bablu Yadav @ Kanchan allegedly
assaulted him with fists and kicks on his chest. The injured was
immediately taken to Grace Hospital, where he was declared
dead by the doctor.
5. Learned counsel for the petitioners submits that,
from perusal of Annexure-3, which is a report issued by Grace
Hospital, it is evident that the deceased was suffering from
chronic liver disease due to viral Hepatitis B and C, and liver
fibrosis had been advised. It is further submitted that, as per the
prosecution case itself, the deceased was taken to Grace
Hospital immediately after the alleged occurrence. From perusal
of the prescription, as contained in paragraph 44 of the case
diary, it appears that the doctor, who examined the patient for
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the first time did not note any external injury on his person and
only prescribed certain medicines along with USG of the whole
abdomen.
6. Learned counsel for the petitioners submits that the
deceased died due to pre-existing Hepatitis B and C, and not on
account of the alleged assault. It is further contended that no
such occurrence took place and, due to previous enmity, the
petitioners have been falsely implicated in the present case.
7. Learned APP has vehemently opposed the prayer
for bail and submits that, from perusal of the postmortem report,
it transpires that the deceased had certain injuries on his person,
namely a bruise measuring ½" x ½" on the left shoulder. The
doctor conducting the autopsy found the following on the body
of the deceased: (i) Intracath in situ
(ii) Puffiness of face
(iii) Free mobility of neck
(iv) Bruise measuring ½" x ½" on the left
shoulder
8. However, the doctor did not find any injury on the
stomach or chest, as alleged by the prosecution.
9. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
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bail. The above named petitioners are directed to be released on
bail in connection with Chakiya P.S. Case No. 63 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Begusarai.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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