Patna High Court

Hare Ram ChoudharyversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail is not granted to the petitioners.

Summary

The petitioners, Hare Ram Choudhary and Shiv Kumar Choudhary, were named in an FIR (Amdabad P.S. Case No.168 of 2023) alleging they participated in a violent assault that resulted in the death of the informant’s husband, invoking sections 147, 148, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code. They applied for anticipatory bail, claiming innocence, a clean antecedent, and that the injury reported was simple. The State opposed, asserting that the petitioners were part of the group that caused the death. The High Court, after hearing both sides, declined to grant anticipatory bail, stating the circumstances did not merit such relief. However, the Court directed the trial court to consider a regular bail application should the petitioners surrender, without prejudice to the present order.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the facts and offences alleged
Whether the nature of the alleged offences and the circumstances justify denial of anticipatory bail

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 506

Subjects

anticipatory bail
Indian Penal Code
assault
homicide
bail application
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10960 of 2026
                      Arising Out of PS. Case No.-168 Year-2023 Thana- AMDABAD District- Katihar
                 ======================================================
           1.     Hare Ram Choudhary Son of Late Ram Dayal Choudhary Resident of Kasba
                  Tola, Gadai Diyara, Ward No.- 11, P.S.- Amdabad, District - Katihar.
           2.     Shiv Kumar Choudhary Son of Late Ram Dayal Choudhary Resident of
                  Kasba Tola, Gadai Diyara, Ward No.- 11, P.S.- Amdabad, District - Katihar.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md. Helal Ahmad, Adv.
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                      Heard learned Counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending arrest in a case

                   registered for the offences punishable in connection with

                   Amdabad P.S. Case No.168 of 2023 dated 01.07.2023 under

                   Sections 147, 148, 149, 341, 323, 307, 302 and 506 of the

                   Indian Penal Code, which is pending before the court of District

                   and Additional Sessions Judge-VIII, Katihar.

                                3. As per the prosecution, the FIR has been lodged

                   against 11 named accused persons including the petitioners with

                   allegation that they have gathered at the house of the informant

                   and started abusing and assaulted brutally due to which the

                   husband of the informant died.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. He

                   submits that one of the co-accused person has been granted
           Patna High Court CR. MISC. No.10960 of 2026(2) dt.12-03-2026
                                                       2/2




                     regular bail by the Co-ordinate Bench of this Court vide order

                     dated 01.08.2025 passed in Cr. Misc. No.21947 of 2025.

                                  5. Counsel also submits that antecedent of the

                     petitioners is clean. He further submits that injury report is

                     annexed in the bail petition by which it becomes crystal clear

                     that injury is simple in nature.

                                  6. Learned APP for the State opposes the prayer for

                     bail and submits that informant’s husband was killed by the

                     accused persons including the petitioner.

                                  7. In the present facts and circumstances, this Court is

                     not inclined to grant anticipatory bail to the petitioners,

                     therefore the bail application of the petitioners is hereby

                     rejected.

                                  8. However, trial court is directed to consider the

                     regular bail application of the petitioners, if they surrender and

                     pray for regular bail, then trial court shall pass order on merit or

                     demerit, without being prejudice of the present order.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U      T

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