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Patna High Court

KAMLESH OJHA @ KAMLESH KUMAR OJHAversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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


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