Patna High Court
Kare Yadav @ Chandan @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
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 the informant's son, Manav Kumar. The prosecution alleged that the accused confined and assaulted the victim, leading to his death, while the defence argued that the victim died due to pre‑existing chronic liver disease and that no fatal injuries were evident. The defence highlighted a hospital report showing no external injuries and a post‑mortem that recorded only minor bruises, with no injuries to the stomach or chest as claimed by the prosecution. The State opposed bail, citing the post‑mortem findings of bruises and other signs of trauma. Considering the medical evidence and the lack of conclusive proof that the assault caused death, the court decided to grant regular bail to the petitioners upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where the cause of death is contested between assault and pre‑existing medical conditions.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- pre‑existing medical condition
- post‑mortem report
- BNS
- sections 103(1) and 3(5)
- Bihar criminal procedure
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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