Patna High Court
Mayanand RishidevversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail must be granted because the allegations lack specificity, there is no proven intent to cause death, and the post‑mortem indicates death by aspiration, coupled with the filing of the charge‑sheet.
Summary
Mayanand Rishidev was arrested in connection with an assault that resulted in the death of the informant's husband, and he sought bail under Section 105 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioner and co‑accused assaulted the deceased, who later died, while the petitioner contended that the charge was filed under a provision that does not require intent to cause death. He argued that the FIR and the charge‑sheet were vague, the allegations were omnibus, and the post‑mortem report showed death due to aspiration of blood and food particles rather than a lethal injury. The State opposed bail, citing the seriousness of the offence. The court examined the nature of the allegations, the post‑mortem findings, and the fact that the charge‑sheet had already been filed, and noted the petitioner’s clean record. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 105 and 3(5) of the B.N.S., 2023 given the circumstances of the case
- Whether the general and omnibus nature of the allegations and the post‑mortem findings justify the grant of bail
- Whether the filing of the charge‑sheet affects the bail application
Legislation cited
- B.N.S., 2023 — s. 105, 3(5)
Subjects
- bail
- assault causing death
- Section 105 B.N.S.
- general allegations
- post‑mortem report
- charge‑sheet
- intent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82013 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Mayanand Rishidev S/O Saini Rishidev Resident of Village- Simarbani Uttar
Tola, Ward No. 03, P.S- Bhargama, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered forthe
offence punishable under Section 105, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioner and other
accused persons are alleged to have assaulted the husband of the
informant as a result of which he died.
4. Learned counsel for the petitioner submits that the
present case has been lodged under section 105 of BNS which
makes it clear that there was no intention to cause the death or
any serious injury to the deceased. The First Information Report
itself would show that the deceased had intervened in the fight
between the petitioner and his neighbours and in the process he
Patna High Court CR. MISC. No.82013 of 2025(3) dt.18-02-2026
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was also assaulted on account of which he became unconscious
and died. It is submitted on behalf of the petitioner that on the
contrary it was the petitioner who had intervened to pacify the
differences between other parties and he has also been made an
accused in the present case. However, allegation against all the
accused persons are general and omnibus in nature with no
specific allegation being attributed and the postmortem report
also indicates only bleeding from the mouth and broken teeth
with some swelling etc. and the death in the opinion of the
doctor has been caused due to asphyxia caused on account of
blood and food particles aspiration. The petitioner is in custody
since 10.06.2025 with no criminal antecedent.
5. Learned APP for the State opposes the grant of bail
to the petitioner.
6. Taking into consideration the facts and
circumstances and also considering general and omnibus nature
of allegations and further considering the postmortem report
indicating death on account of aspiration and the charge-sheet
has already been submitted, let the above named petitioner, be
released 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 J.M., 1st Class, Araria/concerned
Patna High Court CR. MISC. No.82013 of 2025(3) dt.18-02-2026
3/3
Court below in connection with Bhargama P.S. Case No. 02 of
2025.
(Soni Shrivastava, J)
Ranjeet/-
U T
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