Patna High Court
Santosh Chaudhary @ Santosh Pasi @ ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Penal Code (BNS) — s. 103(1), 115(2), 126, 3(5), 352, 92
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.