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Patna High Court

Deepak YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to bond and conditions.

Summary

The petitioners, Nitish Kumar and Deepak Yadav, were charged under Sections 103(1) and 3(5) of the B.N.S. for allegedly assaulting a deceased inmate who later died in custody. The FIR was based on a letter (No. 418) that made no mention of any assault, while a later letter (No. 421) introduced the allegation. Witness statements recorded in the case diary also did not corroborate any assault by the petitioners. The State opposed bail on the ground of the petitioners' prior criminal antecedents, which were largely juvenile and resulted in bail previously. Considering the lack of prima facie evidence of assault, the petitioners' young age (about 19 years), and the circumstances, the Court granted bail to each petitioner on a bond of Rs.10,000 with two sureties and imposed conditions for appearance and possible cancellation.

Issues considered

  • Whether the FIR and accompanying evidence establish a prima facie case of assault causing death sufficient to deny bail.
  • Whether the petitioners' prior criminal antecedents justify refusal of bail.
  • Whether bail should be granted to accused under Sections 103(1) and 3(5) of the B.N.S. given the facts.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • death in custody
  • juvenile antecedents
  • B.N.S.
  • Sections 103(1)
  • Section 3(5)
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.83714 of 2025
                 Arising Out of PS. Case No.-245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga

                 ======================================================
                 Nitish Kumar @ Nitish Kumar Yadav son of Prem Narayan Sah Resident of
                 Village -Dulal Patti Police Station- Fulparash (Phulparas) District- Madhubani
                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                                                        with

                 CRIMINAL MISCELLANEOUS No. 3312 of 2026Arising Out of PS. Case No.-
                             245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga

                 ======================================================
                 Deepak Yadav S/O Jiwach Yadav R/O Village- Godhiyari, P.S- Phulparash,
                 Distt.- Madhubani.                                    .. ... Petitioner/s
                                               Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 83714 of 2025)
                 For the Petitioner/s     : Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh
                 (In CRIMINAL MISCELLANEOUS No. 3312 of 2026)
                 For the Petitioner/s     : Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s : Mr. Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   23-02-2026                 As both these bail applications arise out of the same

                   police station case number, hence, with consent of parties, they are

                   being heard together and disposed of by this common order.

                               2. Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               3. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 103(1), 3(5) of the B.N.S.

                               4. As per FIR, the deceased was brutally assaulted by

                   the petitioner and other accused persons who died during the
Patna High Court CR. MISC. No.83714 of 2025(4) dt.23-02-2026
                                            2/3




          course of treatment.

                       5. Learned counsel for the petitioner has submitted that

          the First Information Report is actually based upon a letter no. 418

          dated 11.04.2025 forming a part of the FIR and indicating that the

          deceased had developed a stomach pain for which he was taken for

          treatment when he tried to escape from the police custody but was

          brought back forcibly. At 6:30 p.m. on the same day, other inmates

          of the remand home informed that the deceased had become

          unconscious, whereafter he was taken to D.M.C.H. for treatment

          where he was declared dead. This letter makes no mention about

          any assault by the petitioners or others upon the deceased.

          Subsequently, in letter no. 421 a story has been introduced that

          upon enquiry it was found that some inmates of the remand home

          including these petitioners had assaulted the deceased on account

          of which he subsequently died and as many as 8 named and other

          unknown persons have been taken in the First Information Report.

          The witnesses who are examined in the case diary from

          paragraphs- 7 to 13 also do not state anything about the assault

          made upon the deceased by the petitioners and others. They are in

          custody since 28.05.2025 and charge-sheet has been submitted.

                       6. Learned APP for the State has opposed the

          application for bail on the ground that the petitioners have criminal

          antecedents. In response, it has been submitted that it was during
             Patna High Court CR. MISC. No.83714 of 2025(4) dt.23-02-2026
                                                         3/3




                       juvenality that they had some antecedents but they are mostly on

                       bail.

                                        7.    Taking     into    consideration   the   facts   and

                       circumstances and also considering the initial letter no. 418

                       making the basis of the FIR wherein no mention of assault has

                       been made by the petitioners, coupled with the statement of the

                       witnesses during the course of examination, let the above named

                       petitioners, who are young boys aged about 19 years, be enlarged

                       on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) each with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with Laheriasarai P.S. Case

                       No. 245 of 2025, subject to the conditions that:

                                        (I) One of the bailors will be a family member/close

                       relative.

                                        (I1) The petitioners shall appear on each and every

                       date till conclusion of trial and if the petitioners do not appear on

                       two consecutive dates without any substantial and satisfactory

                       reason, the learned court below would be at liberty to cancel their

                       bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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