Patna High Court
Sudama Kumar @ Sudama YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sudama Kumar, applied for bail in a case (Sasaram PS Case No. 630 of 2025) under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, alleging he inflicted a lathi blow on the informant's mother, causing her death. The petitioner claimed innocence, lack of eyewitnesses, and that the post‑mortem showed only a minor injury, attributing death to old age, and highlighted his clean record and custody since August 2025. The State opposed bail, emphasizing the direct allegation of a lethal assault corroborated by the post‑mortem report. The court considered the seriousness of the allegation and the presence of direct evidence linking the petitioner to the death. Consequently, the court declined to grant bail, rejecting the petitioner's application.
Issues considered
- Whether bail should be granted to the accused in a homicide case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 given the direct allegation of causing death.
- Whether the absence of eyewitnesses and the petitioner's clean record warrant bail despite the post‑mortem findings.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- homicide
- assault
- Section 103(1)
- Bharatiya Nyaya Sanhita
- post‑mortem report
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4346 of 2026
Arising Out of PS. Case No.-630 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Sudama Kumar @ Sudama Yadav Son of Kameshwar Yadav Resident of
Mohalla - Fazalganj, P.S.- Sasaram (T), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sasaram (T) P.S. Case No. 630 of 2025 instituted for the
offences under Sections 103(1) of the Bharatiya Nyaya Sanhita,
2023.
3. Allegation against the petitioner is of giving lathi
blow on the head of the mother of the informant due to which
she died on spot.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case. There is no eye-witness to the occurrence.
Learned counsel further contended that as per postmortem
Patna High Court CR. MISC. No.4346 of 2026(2) dt.02-02-2026
2/2
report, only one simple injury is sustained by the deceased. He
further argued that the deceased died due to her old age. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 11.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
there is direct allegation against the petitioner of giving lathi
blow on the head of the deceased due to which the deceased
died which is also corroborated by the post-mortem report.
6. Considering the aforesaid facts and circumstances
of the case as also there being direct allegation against the
petitioner of giving lathi blow on the head of the decased, this
Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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