Patna High Court

Prabhat Kumar Ram @ Prabhat KrversusThe State of Bihar

Decided: 13 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Prabhat Kumar Ram, applied for regular bail in a case registered under sections 103(1) and 3(5) of the BNS, alleging that he assaulted the husband of an informant on 19‑11‑2025, causing head injury and death. The prosecution claimed the assault led to the victim’s unconsciousness and subsequent death, while the petitioner asserted innocence, stating the victim was his brother and died of chronic disease without external injuries, as per the post‑mortem report. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 28‑11‑2025. The State opposed bail, arguing the seriousness of the alleged offences. After hearing both sides, the court found the allegations to be general, noted the medical evidence, and considered the petitioner’s lack of antecedents, and consequently ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner in a case under sections 103(1) and 3(5) of the BNS despite the alleged assault and death of the victim.

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

bail
criminal procedure
section 103 BNS
section 3 BNS
medical evidence
no criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13579 of 2026
                        Arising Out of PS. Case No.-894 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Prabhat Kumar Ram @ Prabhat Kr Son of Asharfi Ram Resident of Village
                 Banwari Basant, P.O.- Basant, P.S.- Garkha, District - Saran, Bihar - 841202.


                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-03-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

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

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

                   3(5) of BNS.

                                3. The case of the prosecution is that on 19.11.2025,

                   the petitioner along with others has assaulted the husband of the

                   informant due to which he received head injury and became

                   unconscious. It is further alleged that the petitioner and others

                   rushed him to hospital where he died during treatment.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.13579 of 2026(2) dt.13-03-2026
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          FIR, it is clear that the nature of allegation is general and

          omnibus. It has also been submitted that the petitioner and the

          deceased are own brother. He has further submitted that from

          perusal of the postmortem report, it will transpire that the doctor

          conducting the autopsy of the deceased has found no mark of

          external injury on the person of the deceased and the cause of

          death has been described as cardio respiratory failure due to

          underlying chronic diseases. Learned counsel has submitted that

          actually, the deceased was suffering from various diseases and

          has died due to that reason. A statement has been made in para-3

          of this petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since

          28.11.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the 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

          Garkha P.S. Case No. 894 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.13579 of 2026(2) dt.13-03-2026
                                                        3/3




                      each to the satisfaction of learned Judicial Magistrate 1st Class,

                      Chapra, Saran.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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