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Patna High Court

Santosh Chaudhary @ Santosh Pasi @ ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioners are entitled to bail as the specific allegation of strangulation pertains to other co‑accused and the allegations against them are only general.

Summary

Santosh Chaudhary and Ramashish Pasi were arrested in connection with the murder of an informant's 20‑year‑old daughter, alleged to have been strangulated. The FIR named eight accused, but the specific charge of strangulation was directed at Dheri (Chotelal) Pasi and Nirmala Devi. The petitioners sought regular bail, claiming innocence and pointing to a prior anticipatory bail order granted to similarly situated accused. The State opposed bail, arguing that all accused participated in the assault and that the post‑mortem confirmed death by strangulation and pressure on the neck and chest. The Court observed that the allegations against the petitioners were general and omnibus, while the specific culpable act was attributed to the co‑accused, and therefore ordered their release on bail upon furnishing a bond.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being named in the FIR for a murder case.
  • Whether general or omnibus allegations in the FIR suffice to deny bail when specific charges are directed at other accused.

Legislation cited

Subjects

  • regular bail
  • murder
  • strangulation
  • FIR
  • general allegation
  • omnibus allegation
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13584 of 2026
                  Arising Out of PS. Case No.-271 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
           1.     Santosh Chaudhary @ Santosh Pasi @ Chaudhary S/O Dora Pasi R/O
                  Nuaka Tola Daunaha, P.s.- Dhanaha, Dist.- West Champaran.
           2.    Ramashish Pasi @ Chaudhary S/O Dora Pasi R/O Nuaka Tola Daunaha, P.s.-
                 Dhanaha, Dist.- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-03-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126 92),

                   115 (2), 103 (1), 352 and 3 (5) of the BNS.

                                3.    The case of the prosecution is that the petitioner

                   along with others came to the house of the informant in her

                   absence. It is further alleged that the accused persons started

                   abusing and assaulting the 20 years old daughter of the

                   informant. It is specifically alleged that the Dheri @ Chotelal

                   Pasi and Nirmala Devi strangulated the daughter of the

                   informant with a scarf leading to her death.
Patna High Court CR. MISC. No.13584 of 2026(2) dt.10-03-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in

          connection with the present case. It is further submitted that

          from perusal of the FIR, it is clear that altogether eight persons

          have     been     named       whereas      the       specific   allegation   of

          strangulation is only against two persons i.e. Dheri @ Chotelal

          Pasi and Nirmala Devi. It is further submitted that from perusal

          of the order passed by the learned Trial Court, it transpires that

          the learned trial Court has recorded that the cause of death is

          asphyxia due to strangulation, pressure on neck and upper part

          of the chest. It is further submitted that two petitioners, namely,

          Poonam Devi and Priyanka Devi having similar nature of

          allegation have already been granted anticipatory bail by a co-

          ordinate bench of this Court vide order dated 28.01.2026 passed

          in Cr. Misc. NO. 3755 of 2026 Moreover, the petitioners are

          languishing in judicial custody since 19.11.2025 and 13.01.2026

          respectively.

                       5. Countering this, learned counsel for the informant

          has vehemently opposed the prayer for bail and submitted that it

          is not only the act of two persons named in the FIR. It is further

          submitted that as per the post mortem report, the cause of death

          is not only strangulation but also pressure on the neck and upper
            Patna High Court CR. MISC. No.13584 of 2026(2) dt.10-03-2026
                                                        3/3




                      part of the chest. It is further submitted that it has been alleged

                      in the FIR that all the accused persons had assaulted.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and the nature of allegation against these petitioners

                      is general and omnibus whereas specific allegation is against co-

                      accused, namely, Dheri @ Chotelal Pasi and Nirmala Devi, this

                      court is inclined to enlarge the petitioners on bail. The above

                      named petitioners are directed to be released on bail in

                      connection with Dhanaha P.S. Case No. 271 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each with

                      two sureties of the like amount each to the satisfaction of

                      learned Judicial Magistrate, 1st Class, Bagaha, West Champaran.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       R


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