Vikas Kumar @ Vikas YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36161 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- BASANHI District- Saharsa
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                 Vikas Kumar @ Vikas Yadav Son of Ratan Yadav Resident of Village -
                 Mokma, Ward No. 08, P.S.- Basnahi, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pramod Mishra, Advocate
                 For the State           :        Mr. Anish Chandra, APP
                 For the Informant       :        Mr. Amarnath Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   09-06-2026                     Heard Mr. Pramod Mishra, learned counsel for the

                   petitioner, Mr. Anish Chandra, learned APP for the State and Mr.

                   Amarnath Jha, learned counsel for the informant.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 109(1),

                   351(2), 352 and 3(5) of the B.N.S. and subsequently Sections

                   74 and 105 of the B.N.S. has been added.

                                   3. As per the prosecution case, the allegation

                   against the petitioner is that he pushed the informant’s mother

                   due to which she fell down and sustained injury and later on

                   she died.

                                   4. Learned counsel for the petitioner submits that it

                   would be evident from the First Information Report itself that
Patna High Court CR. MISC. No.36161 of 2026(2) dt.09-06-2026
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          an altercation had taken place between the family of the

          informant and the petitioner and subsequently when the mother

          of the informant was coming, this petitioner had pushed her on

          the ground due to which she sustained an injury on her head,

          whereafter, she was admitted in the hospital. On the basis of

          such report, the F.I.R was instituted initially under Section 109

          of the BNS, but subsequently during the course of investigation

          the mother of the informant, who was an old lady of 65 years

          of age, died after three days of treatment, as such, Section 105

          of the BNS was also added. It is clear that there could have

          been no intention to cause the death of the deceased and

          informant himself was not an eye-witness to the occurrence.

          Further, for an occurrence which took place on 01.02.2026, the

          F.I.R was lodged on 03.02.2026 and the postmortem report,

          which is Annexure-P/2, indicates that there was no visible

          external injury present on the person of the deceased. Petitioner

          is in custody since 15.04.2026 with no criminal antecedent.

                         5. Learned APP for the State and learned counsel

          for the informant have opposed the grant of bail of the

          petitioner on the ground that petitioner was the person who had

          pushed the deceased.

                         6. Taking into consideration the facts and
          Patna High Court CR. MISC. No.36161 of 2026(2) dt.09-06-2026
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                    circumstances and also considering the nature of allegation

                    which does not indicate any intention to cause the death of the

                    deceased, let the above named petitioner, be released on bail on

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

                    with two sureties of the like amount each to the satisfaction of

                    the learned J.M., Saharsa/concerned Court below in connection

                    with Basnahi P.S. Case No. 20 of 2026.



                                              (Soni Shrivastava, J)
Anand/Ayush/-

U     T