Patna High Court
Mahesh ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted as the petitioner was the assailant of the deceased.
Summary
Mahesh Chauhan applied for regular bail in a case (PS Darauli Case No. 344 of 2024) involving multiple offences under the BNS, including assault and homicide. The petitioner had been in custody since December 2024 and had previously been denied bail on the ground that he was the assailant of the deceased. In the present application, the petitioner sought relief on the basis that the trial might be delayed by the prosecution. The Court, noting that the petitioner was the principal assailant, found no justification to overturn its earlier order. Consequently, the bail application was dismissed, with a reminder that the petitioner could reapply if the prosecution caused undue delay.
Issues considered
- Whether the petitioner, alleged to be the assailant of the deceased, is entitled to regular bail under the BNS provisions.
Legislation cited
- BNS — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- BNS
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14022 of 2026
Arising Out of PS. Case No.-344 Year-2024 Thana- DURAULI District- Siwan
======================================================
Mahesh Chauhan Son of Late Doma Chauhan @ Domlal Chauhan Resident
of Vill.- Sareya Rampur, P.S.- Darauli, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Anupam
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Darauli P.S. Case No.
344 of 2024 registered for the offence under Sections 126(2),
115(2), 118(1), 109, 352, 103(1) & 3(5) of the BNS.
3. Earlier the bail application of the petitioner was
rejected on 23.07.2025 in Cr. Misc. No. 14482 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner, learned counsel for the informant and
learned counsel for the State.
2. This application has been filed on
behalf of the petitioner for grant of regular bail
in connection with Darauli P.S. Case No. 344 of
2024 registered for the offence under Sections
126(2), 115(2), 118(1), 109, 52, 3(5) of the BNS
Patna High Court CR. MISC. No.14022 of 2026(2) dt.25-02-2026
2/2
and later on Section 103(1) of the BNS.
3. As per the prosecution case, the
petitioner is the assailant of the deceased.
4. The petitioner is in custody since
4.12.2024.
5. Considering the fact that the
petitioner is the assailant of the deceased, this
court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is
dismissed.
7. It is made clear that if the trial of
the petitioner is delayed due to the fault of the
prosecution then the petitioner may renew his
prayer for bail.
4. Since the petitioner is the assailant of the deceased,
this Court finds no ground to review its earlier order.
Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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