Vidyanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61248 of 2025 Arising Out of PS. Case No.-111 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Vidyanand Singh, S/o Late Subol Singh, R/o Village- Nawabganj, P.S.- Manihari, District- Katihar ... ... 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.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Manihari P.S. Case No. 111 of 2023, registered for the alleged offence under Section 304 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is that he dragged out his father and hit him on his stomach by his leg causing internal injuries and the father of the petitioner subsequently died while undergoing treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the post mortem report, it is apparent that no external or internal injury has been found by the doctor and this

Patna High Court CR. MISC. No.61248 of 2025(2) dt.10-09-2025 2/3 falsifies the allegation that due to assault by the petitioner, his father suffered internal injuries. The learned counsel further submits that as cause of death could not be ascertained from the post mortem report and viscera was preserved. The father of the petitioner died for some other reason but not due to assault by the petitioner. The mother of the petitioner is the informant of the case, but she has entered into a compromise with the petitioner and such an application has been filed before the learned Chief Judicial Magistrate. Even charge sheet has been submitted under Section 304 IPC. The petitioner is having antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 03.06.2025.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the doubtful nature of allegation against the petitioner and further considering the relationship of the petitioner with the deceased and also considering the period of custody of the petitioner along with submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.61248 of 2025(2) dt.10-09-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Katihar/court concerned, in connection with Manihari P.S. Case No. 111 of 2023, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T