Patna High Court
Kare MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioners are entitled to bail and the bail application is allowed.
Summary
The petitioners, father‑in‑law and brother‑in‑law of a deceased woman, applied for regular bail in a case registered under Sections 80 and 3(5) of the B.N.S. The deceased had allegedly been assaulted and later died, but the post‑mortem report attributed death to natural causes with no injuries. The petitioners have been in custody since 11‑07‑2025 and have no prior criminal record. The State opposed the bail, but the court considered the lack of evidence linking the petitioners to the alleged assault and the natural cause of death. The court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with sureties of equal amount. The application was allowed.
Issues considered
- Whether the petitioners are entitled to regular bail under Sections 80 and 3(5) of the B.N.S. given the circumstances of the case
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- regular bail
- Sections 80
- Section 3(5)
- B.N.S.
- natural death
- no criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11378 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- SHAHKUND District- Bhagalpur
======================================================
1. Kare Mistri Son of Jagdish Mistri Resident Of Village -Chhatona Basa,
Ward No. 11, Ps- Ratwara, Dist- Madhepura
2. Binod Sharma @ Manoj Sharma son of kare Mistri Resident Of Village
-Chhatona Basa, Ward No. 11, Ps- Ratwara, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
Mr. Navjot Jeslue, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Shahkund P.S. Case No.
84 of 2025 dated 14.05.2025 registered for the offences
punishable under Sections 80 and 3(5) of the B.N.S.
3. As per the allegation, the daughter of the informant
was married with co-accused Rupesh Kumar. Thereafter a
demand of a motorcycle and Rs. 5 lakhs were made, the
daughter of the informant used to inform her on phone about the
said demand. The informant and others tried to pacify the matter
but in vain. It is further alleged that on 11.05.2025, the accused
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persons badly assaulted the daughter of the informant.
Thereafter, the informant and her family members reached the
matrimonial house of her daughter and found her in an injured
condition and got her admitted in Community Health Centre
from where she was referred to JLNMCH, Bhagalpur for better
treatment, but since it was night they could not reach at the said
hospital and took her to their home and in morning on
14.05.2025 at 05:00 A.M. her daughter died.
4. Learned counsel for the petitioners submits that
petitioners happens to be father-in-law and elder brother-in-law
of the deceased respectively and as per the post-mortem report
autopsy surgeon has opined the cause of death to be a natural
one due to disease, namely Hepatao- Billary System and there
happens to be no external or internal injury on the person of the
deceased. It has been further submitted that petitioners are in
custody since 11.07.2025 having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioners
above-named, are directed to be enlarged on bail on furnishing
bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two
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sureties of the like amount each to the satisfaction of learned
Court concerned, Bhagalpur in connection with Shahkund P.S.
Case No. 84 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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