Patna High Court

Upendra PrasadversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that bail should be granted as the circumstances did not preclude the issuance of regular bail.

Summary

The petitioner, Upendra Prasad, sought regular bail in a case registered under sections 103(1), 123 and 238 of the Indian Penal Code for allegedly killing the minor daughter of an informant. The prosecution alleged that the petitioner administered sulphur leading to the child’s death, while the petitioner claimed innocence, arguing that the informant was not an eyewitness and that medical records showed the child suffered from natural causes and died of cardio‑respiratory failure. The petitioner also highlighted matrimonial discord with the informant as a motive for false implication and noted that he had been in custody since 9 October 2025. The State opposed bail. After considering the evidence and circumstances, the court decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

Whether regular bail can be granted to an accused charged under sections 103(1), 123 and 238 of the IPC for alleged homicide.
Whether the medical evidence and lack of eyewitness testimony create reasonable doubt justifying bail.
Whether the nature of the offence and the circumstances of the case preclude the grant of bail.

Legislation cited

Indian Penal Code — s. 103(1), 123, 238

Subjects

bail
regular bail
IPC sections 103 123 238
murder
medical evidence
false implication
matrimonial discord
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25661 of 2026
                      Arising Out of PS. Case No.-1053 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Upendra Prasad Son of Rameshwar Prasad R/O Village- Bhadauni, P.S.-
                 Nawada (Nagar), District- Nawada                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar BIHAR                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :      Mr.Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103 (1),

                   123 and 238 of the BNS.

                                3.    The case of the prosecution, in short, is that the

                   petitioner has killed the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that,

                   from a perusal of the FIR, it is evident that the informant is not

                   an eyewitness, and the allegation against the petitioner is that he

                   has forcefully administered sulphur. It is further submitted that

                   Annexure P-3, which is the indoor ticket of Sadar Hospital,

                   Nawada, indicates that on 06.10.2025 at 5:40 P.M., the daughter

                   of the informant was suffering from loose motion, vomiting for

                   one day, and abdominal pain. It is also disclosed that the patient
            Patna High Court CR. MISC. No.25661 of 2026(2) dt.18-04-2026
                                                        2/2




                      was in shock on the same day. Subsequently, she died, and the

                      doctor has opined that the cause of death was cardio respiratory

                      failure. It is further submitted that there is matrimonial discord

                      between the informant and the petitioner, due to which the

                      present case has been instituted. The annexures filed on behalf

                      of the petitioner indicate that the death was natural. It has also

                      been submitted that the police have submitted final form, and

                      the learned trial court has taken cognizance; however,

                      cognizance is not material for consideration of bail. The

                      petitioner is in custody since 09.10.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Nawada Nagar P.S. Case No. 1053 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Nawada.


                                            (Ashok Kumar Pandey, J)
Jagdish/-
U       T

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