Patna High Court
Shankar Singh @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that the district court must reconsider the bail application after examining the post‑mortem report.
Summary
Shankar Singh applied for pre‑arrest bail in a case registered under Sections 103(1), 61(2) and 3(5) of the BNS. The petitioner argued that the district court had passed an order granting bail without first examining the post‑mortem report to determine the cause of death. The High Court noted that the post‑mortem report is a material piece of evidence and its omission was a procedural lapse. Consequently, the Court directed the district court to reconsider the bail application after taking into account the post‑mortem report and the material on record. The bail application before the High Court was therefore disposed, pending a fresh order from the district court.
Issues considered
- Whether the district court erred in granting pre‑arrest bail without considering the post‑mortem report.
- Whether the bail application should be dismissed or remanded for fresh consideration.
Legislation cited
- BNS — s. 103(1), 3(5), 61(2)
Subjects
- pre‑arrest bail
- post‑mortem report
- district court
- fresh order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20953 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Shankar Singh @ Shankar Kumar son of Late Fulchand Singh, Resident of
village- Madhya Telauchh, Ward no. 16, PS- Chautham, Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shishir Kumar Shishir, Advocate
Mr.Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Shishir Kumar Shishir along with Mr.
Binod Kumar Sinha, learned counsel appearing on behalf of the
petitioner and Mr. Satyendra Prasad, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Chautham P.S.Case No.257 of 2025, registered for the offences
punishable under Sections 103(1), 61(2) and 3(5) of BNS.
3. Learned counsel appearing on behalf of the
petitioner submitted that without calling for the postmortem
report to ascertain the cause of death, the learned district court
has passed the impugned order dated 29.01.2026.
4. Considering the above submissions made on behalf
of the petitioner, I find that the matter is required to be
reconsidered by the learned district court on the basis of the
Patna High Court CR. MISC. No.20953 of 2026(2) dt.16-04-2026
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postmortem report and the materials available on record. The
learned district court is directed to pass a fresh order in
accordance with law.
5. With the above observation/direction, the present
bail application stands disposed of.
(Purnendu Singh, J)
chn/-
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