Patna High Court

Gautam YadavversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted and dismissed the bail application.

Summary

The petitioner, Gautam Yadav, was arrested in connection with a case registered under Section 103 and Section 3(5) of the BNS for allegedly assaulting a victim with a country‑made pistol, resulting in the victim’s death. He applied for regular bail, claiming he had been in custody since 12‑Oct‑2025. The prosecution presented evidence that the death was caused by the impact of a hard, blunt substance, supporting the charge of homicide. The court examined the seriousness of the offence and the medical findings. Concluding that the circumstances did not warrant release, the court refused bail and dismissed the application.

Issues considered

Whether regular bail should be granted to the accused in a case of assault causing death under Section 103 and Section 3(5) of the BNS.

Legislation cited

BNS — s. 103, 3(5)

Subjects

regular bail
assault
homicide
Section 103
Section 3(5)
Bihar

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.87778 of 2025
                       Arising Out of PS. Case No.-261 Year-2025 Thana- JAMOBAZAR District- Siwan
                  ======================================================
                  Gautam Yadav S/o Late Guljar Yadav R/o Village - Shampur, P.S - Jamo
                  Bajar, District - Siwan
                                                                         ... ... Petitioner/s
                                                Versus
                  The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Neeraj Kumar
                                                  Mr. Shashank Shekhar
                                                  Mr. Mukund Kumar
                                                  Mr. Rohit Prakash
                  For the Opposite Party/s :      Mr. Satyendra Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    19-03-2026                   Heard the parties.

                                  2. The petitioner seeks regular bail in connection with

                    Jamo Bazar P.S. Case No. 261 of 2025 registered for the offence

                    under Section 103, 3(5) of the BNS.

                                  3. As per the prosecution case, the petitioner is

                    accused of assaulting the victim on his chest with a country

                    made pistol and because of the same, he died.

                                  4. The petitioner is in custody since 12.10.2025 and in

                    the post mortem report, the doctor has said that the death has

                    been caused by the impact of hard and blunt substance.

                                  5. In view of the above, this Court is not inclined to

                    grant bail to the petitioner.

                                  6. Accordingly, this application is dismissed.


                                                                 (Sandeep Kumar, J)
Vikas/-
U

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