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Patna High Court

Mayanand RishidevversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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