Patna High Court
Md. ArmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to regular bail and ordered his release on condition of a bail bond.
Summary
The petitioner, Md. Arman, was arrested in connection with the death of the informant's husband after allegedly pushing him, leading to a head injury and fatality. He applied for regular bail, arguing that the informant was not an eye‑witness and the prosecution's case relied solely on CCTV footage, which, even if true, indicated an accidental death rather than homicide or culpable homicide. The State opposed bail, contending the seriousness of the offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The court examined the nature of the evidence and the lack of direct intent, noting the petitioner’s clean antecedents and custody since August 2025. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the death caused by the alleged push amounts to homicide or an accidental death
- Whether the CCTV footage alone suffices to justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- regular bail
- homicide
- accidental death
- CCTV evidence
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89146 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- Sikandarpur District- Muzaffarpur
======================================================
Md. Arman S/O Md. Kalam R/O Village- Akharaghat, Karpuri Nagar, Bandh
Road, Ward No. 15, P.S- Sikandarpur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K.
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offences punishable under Sections 103(1), 3(5) of the
Bharatiya Nyaya Sanhita.
3. Petitioner is alleged to have pushed the husband of
informant, as a result of which, husband of informant fell down
and got injury on his head and died.
4. Learned counsel for the petitioner submits that
informant is not eye-witness to the occurrence and entire
prosecution case is based on footage of CCTV. Even it is
accepted to be true, the alleged incident cannot be said to be
homicide or culpable mental stage of petitioner. It was
accidental death. There is no allegation that this petitioner
Patna High Court CR. MISC. No.89146 of 2025(2) dt.12-02-2026
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assaulted or deliberately pushed informant’s husband on
ground. Petitioner claims clean antecedent and is in custody
since 07.08.2025.
5. Learned A.P.P. for the State opposed the bail
application.
6. In the facts and circumstances of the case, let the
petitioner, as named above, 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 learned Additional Chief
Judicial Magistrate 7th (East), Muzaffarpur in connection with
Sikandarpur P. S. Case No. 118 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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