Patna High Court
Bablu Kumar Singh @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail cannot be granted as the allegations constitute a serious offence resulting in death.
Summary
The petitioners, Bablu Kumar Singh and Prince Kumar Singh, sought anticipatory bail after an FIR was lodged alleging they assaulted the informant’s father with a stick, causing fatal head injuries that led to his death on 20‑08‑2025. The FIR, registered under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 352 and 3(5) of the Bhartiya Nayay Sanhita, 2023, alleged that the assault was part of an irrigation dispute. The informant’s counsel argued that the assault directly caused the death, as confirmed by the post‑mortem report. The petitioners contended that the allegation was omnibus and that they had no prior criminal record. The Court examined the seriousness of the charges, the causal link between the assault and death, and the lack of any mitigating factor, and consequently rejected the anticipatory bail application.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bhartiya Nayay Sanhita in view of the alleged assault causing death.
- Whether the factual allegations and post‑mortem findings justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 127(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- homicide
- criminal procedure
- Bhartiya Nayay Sanhita
- death due to injuries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74846 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
======================================================
1. Bablu Kumar Singh @ Bablu Kumar S/ O Kalendra Singh R/O Village -
Belaw ,Belaon,P.S - Belaon, District - Kaimur (Bhabhua).
2. Prince Kumar Singh @ Prince Kumar S/ O Kalendra Singh R/O Village -
Belaw ,Belaon,P.S - Belaon, District - Kaimur (Bhabhua).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Tooba Hera, Advocate
For the State : Mr.Jitendra Kumar Singh, APP
For the Informant : Mr.Chakrawarti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard Ms. Tooba Hera, learned counsel for the
petitioner and Mr. Chakrawarti Singh, learned counsel for the
informant as also Mr. Jitendra Kumar Singh, learned APP for the
State.
2. The petitioners are apprehending arrest in
connection with Belaon P.S. Case No. 83 of 2025 instituted
under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 352, 3(5)
of the Bhartiya Nayay Sanhita, 2023 lodged on 09.08.2025 by
the informant, Manish Kumar.
3. As per the prosecution story, the informant alleged
that his father had gone to the field but due to irrigation dispute,
the petitioners as also the other accused assaulted with ‘khanti’
Patna High Court CR. MISC. No.74846 of 2025(3) dt.23-02-2026
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and ‘lathi’ on the head making him unconscious. As the villagers
arrived, they escaped. The injured referred to Referral Hospital
and then to the Sadar Hospital and finally Trauma Center,
Varanasi. This followed the FIR.
4. As the story unfolds, the injured subsequently
succumbed to the injuries on 20.08.2025.
5. Earlier, the case diary was called for by the
coordinate bench which is now available and it records as
follows:
“death is due to antemortem crani-
cerebral injury due to head injury
consequent to blunt trauma/surface
impact contributed by both lungs
infections and are sufficient to
cause death in the ordinary course
of nature”.
6. Learned counsel for the petitioner submits that the
allegation is omnibus in nature, after ten days, the death
occurred. The petitioners have no criminal antecedent.
7. Learned counsel for the informant as also Mr.
Jitendra Kumar Singh opposes the payer submitting that the
allegation of assault is against the named accused and it proved
Patna High Court CR. MISC. No.74846 of 2025(3) dt.23-02-2026
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fatal as would reflect from the post-mortem report.
8. Considering the submissions of the parties as also
the result that happened due to the injuries inflicted by the
accused persons, no relief can be extended to them.
9. In that background, the anticipatory bail application
stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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