Patna High Court
Arvind Prajapati @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as there is no cogent material establishing his complicity in the death.
Summary
Arvind Prajapati was arrested in a case under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly advising an informant to admit his sister to the clinic of Bindu Sinha and supplying expired medicine, which resulted in the sister's death. The petitioner contended that he merely suggested admission, is not a medical practitioner, and had no motive or intent to cause death, and that there is no evidence of his complicity. The State opposed bail, but the Court noted the lack of material linking the petitioner to the death, his clean record, and the fact that Bindu Sinha had already been granted bail by a coordinate bench. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- What is the applicability of bail provisions to the petitioner charged under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the alleged facts?
- Whether there is sufficient material to establish the petitioner's complicity in the death of the informant's sister.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 105
- Section 3(5)
- expired medicine
- complicity
- Aurangabad
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75172 of 2025
Arising Out of PS. Case No.-446 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Arvind Prajapati @ Arvind Kumar Son of Bhola Prajapati R/O Village -
Barni, P.S.- Dhibra, District – Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 105 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he
admitted the informant’s sister in the clinic of Bindu Sinha and
administered expired medicine.
4. It is submitted by learned counsel for the
petitioner that the only allegation against the petitioner is that he
had suggested the informant to admit his sister in the clinic of
Bindu Sinha and had given medicine but, subsequently, the
informant’s sister died. The allegation was made in the first
information report that it was on account of expired medicine
administered to the informant’s sister due to which she died. It is
further submitted that there is no motive or intention to cause
the death of the deceased which can be attributed to anyone. It is
Patna High Court CR. MISC. No.75172 of 2025(4) dt.13-02-2026
2/2
also submitted that the petitioner is not a doctor and he had
barely suggested the informant to admit his sister to the clinic of
Bindu Sinha. The said Bindu Sinha has already been granted the
privilege of bail by a coordinate Bench of this Court vide order
dated 09.10.2025 passed in Cr. Misc. No.70145 of 2025. The
petitioner has no criminal antecedent and has been languishing
in custody since 26.07.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner is not responsible for causing the death of the
deceased and there are no cogent material to establish the
complicity of the petitioner towards the death of the deceased,
coupled with the fact that the said Bindu Sinha, in whose clinic
the deceased, has died has already been granted the privilege of
bail by coordinate Bench of this Court, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Aurangabad Town P.S. Case No.446 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…