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Patna High Court

BUDHDEO SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail in the case.

Summary

Budhdeo Singh was arrested in connection with an alleged assault on his wife (the informant) and her son, which allegedly resulted in the minor's death. He petitioned for regular bail under section 103 of the Bihar Penal Code, claiming innocence and arguing that the FIR contains vague, omnibus allegations and that the post‑mortem report shows only two antemortem injuries. His counsel further asserted that the informant suffers from unsound mind, that Singh has no prior criminal record, and that he has been in judicial custody since 10 September 2025. The State opposed the bail application. After hearing both sides, the court considered the lack of clear evidence, the petitioner's clean antecedents, and the circumstances of his prolonged detention, and decided to grant bail. Singh was released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case punishable under section 103 of the Bihar Penal Code.

Legislation cited

Subjects

  • regular bail
  • section 103
  • Bihar Penal Code
  • assault
  • homicide
  • post‑mortem report
  • unsound mind
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24772 of 2026
                        Arising Out of PS. Case No.-161 Year-2025 Thana- BAUNSI District- Araria
                 ======================================================
                 BUDHDEO SINGH Son of Siheshwar Singh Resident of Village - Mahshaili,
                 Tola Argaha, Ward No. 04, P.S.- Baunsi, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   registered for the offence punishable under section 103 of BNS.

                                3. The case of the prosecution is that the petitioner

                   (who is the husband of the informant) along with his family

                   members has assaulted the informant and her son with bamboo

                   due to which, the minor son of the informant succumbed to his

                   injuries.

                                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

                   FIR, it is clear that the nature of allegation is general and

                   omnibus as altogether four persons are alleged to have assaulted
            Patna High Court CR. MISC. No.24772 of 2026(2) dt.16-04-2026
                                                        2/2




                      whereas from perusal of the postmortem report, it will transpire

                      that the deceased has received only two antemortem injuries.

                      First is swelling over right hand and second is swelling over

                      occipital region. Learned counsel has submitted that the real fact

                      is that the informant is a lady of unsound mind and she herself

                      has killed her baby. 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

                      10.09.2025.

                                   5. Learned APP appearing for the State has

                      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

                      Baunsi P.S. Case No. 161 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned J.M. 1st Class, Araria.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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