Patna High Court
Ganesh Singh @ Kuttu Singh @ Ganesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted as the prosecution failed to establish a direct causal link between the petitioner’s alleged act and the death, and the inherent powers under Section 482 permit such relief.
Summary
Ganesh Singh applied for anticipatory bail after the police registered a case under Sections 126(2), 115(2), 74 and 103(1) of the Bhartiya Nyaya Sanhita, alleging that he assaulted a girl’s mother who later died. The prosecution alleged that Singh pushed the mother, causing her death, while the petitioner contended that he was merely collecting tuition fees and the mother died of a myocardial infarction, as shown by the post‑mortem report. The petitioner argued that the allegations were politically motivated and that no offence under Section 103(1) was made out. The State opposed the bail, maintaining that the allegations warranted arrest. The Court, after considering the medical evidence and the lack of a clear causal link between Singh’s conduct and the death, granted anticipatory bail subject to a bond and sureties, invoking its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. The order directs that the bail be effective if Singh is arrested within eight weeks.
Issues considered
- Whether anticipatory bail can be granted in a case where the alleged act is linked to a death but the cause of death is medical.
- Whether the petitioner’s conduct falls within the ambit of Sections 126(2), 115(2), 74 and 103(1) of the Bhartiya Nyaya Sanhita.
- Whether the High Court can exercise its inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita to enlarge bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 74
Subjects
- anticipatory bail
- false implication
- death by natural causes
- post‑mortem report
- Section 103(1)
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29406 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Ganesh Singh @ Kuttu Singh @ Ganesh Kumar Singh S/o Sri Chandra
Madav Singh R/o vill and P.O.- Silari, P.s.- Sheosagar, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashish
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 74,
103(1) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the informant
used to regularly visit the house of petitioner for taking tuition
for the last 5 years and it is alleged that on 16.08.2025 at about
10:30 AM, this petitioner came to the house of informant and
started misbehaving with her and when informant objected and
raised alarm, her mother and sister-in-law came to save her, this
petitioner pushed mother of informant on ground, on account of
which, she became unconscious and died in course of treatment.
4. Learned counsel for the petitioner submits that
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petitioner is quite innocent and has been falsely implicated in
this case due to dirty village politics. As a matter of fact,
petitioner was teaching informant for the last 5 years and on the
alleged date, he had come to the house of informant and asked
her parents to deposit the arrears of fees and in the meantime,
health of mother of informant deteriorated, as she was under-
treatment of heart disease, and she died. Therefore, no case
under Section 103(1) of the B.N.S. is made out against
petitioner. As per post-mortem report, the cause of death is “due
to myocardial infarction that lead to cardiogenic shock” i.e.
heart attack. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
the prayer for anticipatory bail is allowed. Let the above named
petitioner, in the event of arrest/surrender within a period of
eight weeks from today, 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 learned Chief Judicial
Magistrate, Rohtas at Sasaram, in connection with Shivsagar
Police Station Case No. 269 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Patna High Court CR. MISC. No.29406 of 2026(3) dt.01-07-2026
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Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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