Patna High Court
Prem Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is released on bail subject to the stipulated conditions.
Summary
Prem Prakash Singh, owner of a school where a 10‑year‑old student died, was implicated in a case registered under Section 105 of the BNS. The petitioner claimed innocence, stating that all care was taken to save the child and that there was no direct allegation against him. The informant, the child's parent, alleged that the death resulted from wrong medication and that the school failed to inform them. The court observed that no direct charge linked the petitioner to the death and therefore allowed the bail application. The petitioner was ordered to be released on bail of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 438(2) of the CrPC and Section 482 of the BNSS in the absence of a direct allegation?
- Whether the facts disclosed justify the issuance of a bail order pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- Section 105
- school death
- negligence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60546 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- GARKHA District- Saran
======================================================
Prem Prakash Singh S/o Pramod Singh R/o Village- Ekderwa Masuriya, P.O.-
Bhatha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Ranjan
For the Opposite Party/s : Mr.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Garkha P.S. Case No. 246 of 2025 registered
for the offence under Section 105 of the BNS.
3. As per the prosecution case, the petitioner is the
owner of the School in which a 10 year old, who was studying
there, died.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case as he has no role to play in the death
of the deceased. He further submits that all care was taken to
save the deceased but he could not be saved.
5. Learned counsel for the Informant has opposed
Patna High Court CR. MISC. No.60546 of 2025(6) dt.20-02-2026
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the application of the petitioner and has submitted that because
of wrong medication given to the deceased, he died and the
informant being the parent of the deceased, was not informed by
the School.
6. Considering the fact that there is no direct
allegation against the petitioner in the death of the deceased, this
application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saran/concerned Court below in
connection with Garkha P.S. Case No. 246 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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