Patna High Court
PRIYANKA CHAUDHARY @ PRIYANKA PRASADversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Priyanka Chaudhary was arrested in connection with a murder case (Nasriganj P.S. Case No.210 of 2024) alleging she, along with others, threatened an informant and his brother and that the brother was shot dead on 29‑06‑2024. The petitioner, who has no prior criminal record, claimed she was falsely implicated, that there were no eye‑witnesses, and that the case was a retaliatory filing against her own complaint. The prosecution opposed bail, but the court noted the petitioner’s prolonged custody since 19‑11‑2025, the absence of direct allegations against her, and that a charge‑sheet had already been filed. Considering these circumstances, the court granted bail subject to monetary surety and conditions to ensure trial attendance and non‑interference with witnesses. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted to the accused despite charges of murder, conspiracy and offences under the Arms Act.
- Whether the filing of a charge‑sheet precludes the grant of bail.
- Whether the lack of eye‑witnesses and alleged false implication justify bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- Arms Act
- false implication
- anticipatory bail
- charge sheet
- witness intimidation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12045 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- NASRIGANJ District- Rohtas
======================================================
Priyanka Chaudhary @ Priyanka Prasad W/O Gandhi Chaudhary R/O
Village- Amiyawar, P.S.- Nasriganj, District- Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
Mr. Aakash Choudhary, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
Mr. Sudama Singh, Advocate
Mr. Shashikant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State as also learned counsel for the informant.
2. The petitioner seeks bail in connection with
Nasriganj P.S. Case No. 210 of 2024 instituted for the offence
under Sections 302, 120(B) & 34 of the Indian Penal Code and
Sections 25(1-B)a, 26, 35 & 27 of the Arms Act.
3. The prosecution case, as emanates from the FIR, is
that all the named accused persons, including the petitioner,
threatened the informant and his brother, namely, Atul Kumar
(deceased) of killing them. It is alleged that on the fateful day
i.e. on 29-06-2024, while the brother of the informant was
returning from the Gym, he was shot dead. The accusation
against the accused persons including the petitioner and 3-4
Patna High Court CR. MISC. No.12045 of 2026(2) dt.23-02-2026
2/4
unknown miscreants is of committing murder of the Informant’s
brother.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 19.11.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application. Earlier, the petitioner
has filed anticipatory bail which has been withdrawn vide order
dated 17.12.2024 passed in Criminal Miscellaneous No. 63226
of 2024.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is named in the FIR. It is next submitted that
informant has not seen the alleged occurrence and only on mere
suspicion, the petitioner along with other persons have made
accused in this case and there is no eye witness to the alleged
occurrence. So far as allegation of threatening the deceased and
informant is concerned, no case was lodged in this regard. There
is general and omnibus allegation levelled against the petitioner.
He has further submitted that instant case is nothing but a
counter blast to the complaint instituted by the petitioner against
the informant and other co-accused persons vide Narsiganj P.S.
Case No. 396 of 2023. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.12045 of 2026(2) dt.23-02-2026
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submits that other co-accused has been granted bail by this
Bench vide order dated 10.12.2024 passed in Cr. Misc.
No.70298 of 2024. It is lastly submitted that police after
investigation has submitted charge sheet in this case.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
direct allegation against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Nasriganj P.S. Case
No. 210 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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