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Patna High Court

Shankar Singh @ Shankar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        2/2




                      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/-

U       T


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