Patna High Court
Subodh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Subodh Singh, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the BNS for allegedly assaulting and causing the death of a victim. The prosecution alleged that the petitioner and others assaulted the victim, leading to his death. The petitioner’s counsel argued that the petitioner only pushed the deceased after a drinking session and that the post‑mortem report showed no external injuries or material evidence linking him to the crime, suggesting death due to excess alcohol. The court found the evidence insufficient to deny bail and noted the possibility that the death resulted from intoxication. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to cooperation with the trial. Non‑compliance with bail conditions would lead to cancellation of the bail bond.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 103(1) and 3(5) of the BNS in light of the evidence and circumstances of the death.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- assault
- Section 103
- Section 3
- BNS
- post‑mortem report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87174 of 2025
Arising Out of PS. Case No.-192 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Subodh Singh Son of Kant Lal Singh Resident of Village- Tikarampur, Ward
No. 7, P.S.- Khagaria, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khagaria P.S. Case No. 192 of 2025, G.R. No. 1675 of 2025
registered for the offence under Section 103(1), 3(5) of the
BNS.
3. As per the prosecution case, the petitioner and
others are said to have assaulted the victim and killed him.
4. Learned counsel for the petitioner submits that
the petitioner is in custody since 21.06.2025 and during
investigation, it has come that after having drinking session,
while going home, the accused persons and deceased fought and
the petitioner is only alleged to have pushed the deceased, who
died after falling down. He further submits that in the post-
Patna High Court CR. MISC. No.87174 of 2025(5) dt.24-03-2026
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mortem report, no external injury has been found on the bound
of the deceased and no materials have come to connect him with
the crime.
5. Considering the aforesaid facts, it appears that
the deceased might have died because of excess drinking and
therefore, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Khagaria/concerned
Court below in connection with Khagaria P.S. Case No. 192 of
2025/ G.R. No. 1675 of 2025.
7. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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