Patna High Court
Anand Shankar @ Lucky Kumar @ Lucky Singh @ Lucky @ Anand KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding insufficient direct evidence to justify continued detention.
Summary
The petitioner, a doctor, was arrested in connection with the death of Kundan Kumar, alleged to have resulted from a fall from a roof and subsequent ingestion of aluminum phosphide (Celphos). The prosecution alleged that the petitioner might have administered the poison, while the defence argued that the death was accidental, the poison was ingested unintentionally, and there was no direct evidence linking the petitioner to the homicide. The petitioner had no prior criminal record and had been in judicial custody since July 2025. The court examined the post‑mortem and forensic reports, noting the presence of antemortem injuries and the pungent nature of Celphos, which is difficult to forcefully administer. Considering the lack of direct evidence and the circumstances, the court decided to grant bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 105 of the B.N.S., 2023 in view of the alleged homicide and the evidentiary material.
- Whether the presence of aluminum phosphide in the deceased's viscera establishes a prima facie case against the petitioner.
Legislation cited
- B.N.S., 2023 — s. 105
Subjects
- bail
- Section 105
- B.N.S. 2023
- aluminum phosphide
- Celphos
- homicide
- lack of evidence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69502 of 2025
Arising Out of PS. Case No.-627 Year-2024 Thana- BEUR District- Patna
======================================================
Anand Shankar @ Lucky Kumar @ Lucky Singh @ Lucky @ Anand Kumar
Sri Sachchu Prasad Singh Resident of Village - Makhdumpur, P.S. - Beur,
District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Beur P.S. Case No. 627 of 2024 registered for the offence
punishable under Section 105 of the B.N.S., 2023.
3. The case of the prosecution in short is that the
informant came to know that Kundan Kumar has fallen from the
roof. Then he went to see him. When he reached near Anden
Dental Clinic then he found there Uttam Kumar and the petitioner
with two other unknown persons. After that he was rushed to the
hospital and was declared dead by the Doctor.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that from perusal of the post-mortem report, it will
Patna High Court CR. MISC. No.69502 of 2025(6) dt.18-02-2026
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transpire that the deceased has received certain antemortem
injuries, and from perusal of the FSL report, it will transpire that
the viscera of the deceased contained aluminum phosphide,
commercially known as Celphos, which is a severe
gastrointestinal irritant. He further submits that in this case, the
name of this petitioner has been dragged only because he was
present where the deceased had fallen. He further submits that
during the course of investigation, it has come to light that the
deceased, the petitioner, and co-accused Vikash were all friendly
and they had consumed alcohol in the night as they were having a
party and from the statement of Vikash, it is clear that the
deceased had fallen from the roof and the petitioner had brought
him to the clinic. He further submits that from perusal of the
antemortem report, it is clear that the cause of death is the
consumption of Celphos. Celphos is very pungent in nature. It
cannot be forcefully administered. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
14.07.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for the
State. Learned counsel for the informant stated that there was an
agreement between one Sunaina Devi, Kundan Kumar and Uttam
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Kumar. Uttam Kumar had a friendship with the petitioner and the
background in which the offence has been committed creates
serious doubt that the petitioner, who is a doctor, might have
administered Celphos to the deceased. From perusal of the entire
material, it is clear that there is no direct evidence as to how the
deceased died, but this much is clear: the deceased had certain
antemortem injuries regarding which it is said that he had fallen
from the roof, and Celphos was found in the viscera of the
deceased, regarding which it has already been noted that Celphos
is very pungent in smell and it cannot be administered forcefully.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, 1st Class, Patna, in connection with
Beur P.S. Case No. 627 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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