Patna High Court
KAMLESH OJHA @ KAMLESH KUMAR OJHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioners are entitled to bail as the post‑mortem evidence negated external injuries and there is no substantive ground to justify their continued detention.
Summary
The petitioners, Kamlesh Ojha and Jitendra Ojha, were charged under Section 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting the husband of an informant, resulting in his death. They contended that the post‑mortem report showed no external injuries and that death was due to a subdural hemorrhage caused by a hypertensive crisis, indicating false implication. The State opposed bail, while the petitioners highlighted their clean record and that the police’s final report had been rejected by the magistrate. The court examined the medical evidence, the nature of the alleged offence, and the lack of prior criminal antecedents. Concluding that the evidence did not substantiate a strong case for continued detention, the court ordered bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the medical evidence and the nature of the alleged offence
- Whether the magistrate erred in taking cognizance despite the police’s final form
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- assault causing death
- Section 103
- Bharatiya Nyaya Sanhita
- post-mortem report
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4695 of 2026
Arising Out of PS. Case No.-91 Year-2024 Thana- MURAR District- Buxar
======================================================
1. Kamlesh Ojha @ Kamlesh Kumar Ojha, S/o Late Shiv Parsan Ojha, R/o
Village- Ojha Baraon, P.S.- Murar, District- Buxar
2. Jitendra Ojha, S/o Late Kishun Ojha, R/o Village- Ojha Baraon, P.S.- Murar,
District- Buxar
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners seek bail in connection with Murar
P.S. Case No. 91 of 2024 dated 08.12.2024 registered for
the offence punishable under Section 103(1)/3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners alongwith co-
accused persons is that they have assaulted the husband of
the informant with lathi, danda and iron rod due to which
he succumbed to the injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.4695 of 2026(3) dt.25-02-2026
2/3
this case. It is submitted that eleven named accused persons
including the petitioners are said to have assaulted the
husband of the informant with lathi, danda and iron rod due
to which he succumbed to injuries. It is submitted that after
investigation, the police submitted the final form but the
learned Magistrate differed with the final form and took
cognizance against the petitioners under Section 103(1)/3(5)
of the Bharatiya Nyaya Sanhita, 2023. It is further
submitted that from the perusal of post-mortem report, it
appears that there is no sign of any external injury on the
body of the deceased and the cause of death has been
mentioned due to subdural hemorrhage most likely caused
by hypertensive crisis. The petitioners are in custody since
12.12.2025, having no criminal antecedents and charge-
sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties,
let the petitioners be released on bail upon furnishing bail
Patna High Court CR. MISC. No.4695 of 2026(3) dt.25-02-2026
3/3
bonds of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M. at Buxar in connection with Murar P.S. Case No.
91 of 2024.
(Khatim Reza, J)
prabhat/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.