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Patna High Court

Kalinder Singh @ Kalendra SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant regular bail to the petitioner.

Summary

Kalinder Singh applied for regular bail in a case where he and his two sons were alleged to have brutally assaulted the father of an informant, who died eleven days later. The prosecution charged him under sections 109(1), 126(2), 127(2), 115(2), 117(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the post‑mortem report showed no external injuries, contesting the cause of death, and highlighted his clean record and custody since 21‑08‑2025. The State’s assistant public prosecutor presented a post‑mortem from Uttar Pradesh indicating cranio‑cerebral injury due to blunt head trauma as the cause of death. After hearing both sides, the court declined to grant bail, noting the seriousness of the allegations and the post‑mortem findings, but allowed the petitioner to renew the bail prayer after one year in custody or after framing of charge, whichever is later.

Issues considered

  • Whether regular bail should be granted to the accused given the alleged assault resulting in death and the post‑mortem findings.
  • Whether the absence of external injuries in the post‑mortem report negates the prosecution’s case for granting bail.

Legislation cited

Subjects

  • regular bail
  • assault
  • homicide
  • post‑mortem report
  • Bharatiya Nyaya Sanhita
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75385 of 2025
                    Arising Out of PS. Case No.-83 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
                 ======================================================
                 Kalinder Singh @ Kalendra Singh, Son Shivpujan Singh, R/o Village - Belaw
                 @ Belaon, P.S - Belaon, District – Kaimur (Bhabhua).
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Najeeb Ahmad, Advocate
                                                  Ms. Saobiya Mushtaque, Advocate
                                                  Mr. Yasir Ashraf, Advocate
                                                  Mr. Rampravesh Nath Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   11-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Belaw P.S. Case no.83

                   of 2025 registered under sections 109(1), 126(2), 127(2), 115(2),

                   117(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the petitioner along

                   with his two sons are said to have brutally assaulted the father of

                   the informant seriously injuring him.

                                 4. Learned counsel for the petitioner submits that the

                   injured died eleven days later in course of treatment. However,

                   from the contents of the postmortem examination report

                   (Annexure-P/2) it would transpire that the same does not

                   support the prosecution case insomuch as no external injury has
            Patna High Court CR. MISC. No.75385 of 2025(4) dt.11-02-2026
                                                        2/2




                      been found. The petitioner has no criminal antecedent and is in

                      custody since 21.8.2025. Charge-sheet has been submitted in the

                      case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State who referring to the postmortem

                      examination report received from Uttar Pradesh and attached

                      with the case diary, submits that the cause of death is said to be

                      cranio-cerebral injury due to head injury consequent to blunt

                      trauma.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioner in

                      the F.I.R. together with the contents of the postmortem report,

                      the Court is not inclined to enlarge the petitioner on bail and the

                      application is rejected.

                                   7. The petitioner is granted liberty to renew his prayer

                      for bail on completing one year in custody or after framing of

                      charge, whichever is later.



                                                          (Partha Sarthy, J)
avinash/-

U      T


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