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Patna High Court

Rajendra Ojha @ Rajindra OjhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to the conditions prescribed under section 482(2) of the BNSS.

Summary

Petitioner Rajendra Ojha sought bail in a case registered under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, alleging that he was falsely implicated in the death of the informant's husband. The FIR claimed that eleven accused assaulted the deceased with lathi and danda, causing death, but the post‑mortem report found no external injuries and attributed death to subdural haemorrhage likely due to a hypertensive crisis, indicating a natural death. The petitioner asserted innocence, clean antecedents, and pointed out that similarly situated co‑accused had already been granted bail. The State opposed the bail application. Considering the lack of evidentiary support, the natural‑death finding, and the petitioner's clean record, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita given the lack of evidentiary support and the post‑mortem finding of natural death.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • section 103
  • section 3
  • section 482
  • natural death
  • lack of evidence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22861 of 2026
                         Arising Out of PS. Case No.-91 Year-2024 Thana- MURAR District- Buxar
                 ======================================================
                 Rajendra Ojha @ Rajindra Ojha S/O Late Sri Krishn Ojha @ Late Srikishun
                 Ojha Resident of Village- Ojhabarawan, Ojha Baraon, Police Station- Murar,
                 District- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-05-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 103 (1) and 3 (5) of

                   BNS.

                                3 . As per F.I.R. informant alleged that on account of

                   old dispute, all the 11 F.I.R. named accused persons assaulted

                   husband of informant by means of lathi and danda, due to which

                   he died on the spot.

                                4. It is submitted on behalf of the petitioner that

                   petitioner is quite innocent and have committed no offence as

                   alleged. Informant is not an eye witness to the alleged

                   occurrence . Only on account of previous land dispute between
Patna High Court CR. MISC. No.22861 of 2026(3) dt.12-05-2026
                                            2/3




          the parties, this petitioner has falsely been implicated by

          informant. Though, there is allegation that 11 F.I.R. named

          accused persons altogether assaulted husband of informant by

          means of lathi and danda but in the Post-mortem report, no

          external injuries was found on the person of deceased and cause

          of death is “SUBDURAL HEMORRHAGE MOST LIKELY

          CAUSED BY HYPERTENSIVE CRISIS” and as such, it does

          not support the prosecution’s version of assault and suggesting a

          natural death of deceased. Police after investigation submitted

          final form showing lack of evidence . Petitioner claims clean

          antecedent. Similarly situated co-accused persons have already

          been granted bail by this Hon’ble Court vide order dated

          07.04.2026 in Cr. Misc. No. 19893 of 2026 .

                       5 . Learned counsel for the State oppose the bail

          petition .

                        6 Considering the aforesaid facts, materials available

          on record, clean antecedent of these petitioners and other

          circumstances of the case , in the event of arrest or surrender

          within eight weeks from today, let the petitioners, as named

          above, be enlarged on bail on furnishing bail bond of

          Rs.10,000/-(ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate
            Patna High Court CR. MISC. No.22861 of 2026(3) dt.12-05-2026
                                                        3/3




                      Buxar in connection with Murar P.S. Case No. 91 of 2024 ,

                      subject to the conditions laid down under section 482 ( 2 ) of the

                      Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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