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Patna High Court

Arvind Prajapati @ Arvind KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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