Patna High Court

Awadhesh Kumar SinghversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Given the absence of pre‑meditation, the accidental nature of the death and the petitioner's clean antecedents, the court held that anticipatory bail should be granted under Section 482(2) of the B.N.S.S.

Summary

Awadhesh Kumar Singh was arrested in a case alleging offences under Sections 105 and 3(5) of the B.N.S. for allegedly pushing the father of an informant during a scuffle, leading to the father's accidental death. The petitioner contended that the incident was a sudden fight without pre‑meditation, that the death was accidental (no external injuries per post‑mortem), and that he has clean antecedents. The State opposed the grant of anticipatory bail. The court, considering the lack of pre‑meditation, the accidental nature of the death, the general and omnibus nature of the accusation, and the petitioner's clean record, allowed the prayer for anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on bail upon furnishing a bail‑bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offences under Sections 105 and 3(5) of the B.N.S.
Whether the death of the informant's father can be characterized as accidental, affecting the grant of bail

Legislation cited

B.N.S. — s. 105, 3(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
criminal procedure
accidental death
Section 105
Section 3(5)
Section 482(2)
clean antecedents
pre‑meditation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5405 of 2026
                       Arising Out of PS. Case No.-355 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Awadhesh Kumar Singh S/O Late Dharmchand Singh Resident Of Village-
                 Koshi Sharan Gharbandha Ward No. 07, Police Station- Raniganj, District-
                 Araria

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Mukesh Kumar Rana, Advocate
                 For the State            :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 105 and

                   3(5) of the B.N.S..

                                3. As per prosecution case, on 15.09.2025 at about 2

                   PM, while the informant was installing electric pole, in the

                   meantime, this petitioner, along with co-accused person, came

                   and scuffled with the informant. It is further alleged that during

                   course of scuffle, this petitioner and co-accused Saurabh Kumar

                   pushed the father of informant as a result of which, he fell down

                   on the root of a tree and succumbed to the injuries.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.5405 of 2026(2) dt.03-02-2026
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          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the F.I.R. it is

          apparent that the act was committed without pre-meditation in a

          sudden fight in the heat of passion. As a matter of fact, during

          quarrel, father of informant fell on the root of the tree due to

          which, he succumbed to the injuries. It was an accidental death.

          Even as per post mortem report, no external injury was found on

          the person of the deceased. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate-1st, Araria in connection with Raniganj P.S. Case No.

          355 of 2025, subject to condition as laid down under Section
             Patna High Court CR. MISC. No.5405 of 2026(2) dt.03-02-2026
                                                         3/3




                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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