Created by Fuzzy Cloud

Patna High Court

Ganesh Singh @ Kuttu Singh @ Ganesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29406 of 2026(3) dt.01-07-2026
                                            2/3




          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
                                                       3/3




                     Sanhita, 2023.



                                                   (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.