Patna High Court
Lakhandeo ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Lakhandeo Chaudhary, applied for regular bail in a case registered under multiple sections of the BNS, including alleged assault and involvement in the murder of the informant's mother. The prosecution alleged that the petitioner, along with his sons, assaulted the informant and participated in disposing of the deceased's body. The petitioner’s counsel argued that he only assaulted the informant with a lathi causing a simple injury and had no role in the murder, emphasizing his clean record and prolonged pre‑trial custody. The State and the informant opposed bail, claiming the petitioner conspired to hide the body and remove evidence. After hearing both sides, the court found insufficient grounds to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of assault, murder, and other serious offences under the BNS.
Legislation cited
- BNS — s. 103(1), 115(2), 117(2), 126(2), 238, 3(5), 64, 74
Subjects
- regular bail
- bail
- assault
- murder
- criminal procedure
- BNS
- sections 103, 238, 126, 115, 117, 74, 64, 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14207 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- ANTI District- Gaya
======================================================
Lakhandeo Chaudhary Son of Late Bijali Chaudhary @ Late Dasarat
Choudhary @ Late Bijali Mistry R/o Village - Barai, P.S. - Aanti, Dist. - Gaya
Jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
For the Informant : Mr. Jubair Ansari, Advocate
Mr. Avdhesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 238,
126(2), 115(2), 117(2), 74, 64 and 3(5) of BNS.
3. The case of the prosecution is that one Sanjay
Chaudhary the son of this petitioner arrived at the house of the
informant and called her mother for exorcism. On 10:30 PM,
Sanjay Chaudhary again arrived at the house of the informant
and told the informant that her mother is calling her. When the
informant reached there, she started calling her mother but her
mother did not reply. It is further alleged that Manoj Chaudhary
Patna High Court CR. MISC. No.14207 of 2026(3) dt.15-04-2026
2/3
and this petitioner started teasing her. Manoj Chaudhary
assaulted the informant with katta as she attempted to flee from
there. Manoj Chaudhary also assaulted the grand-mother of the
informant. Meanwhile, the villagers arrived there and the
accused persons fled from there.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that only allegation against this petitioner is that
he has assaulted the informant with lathi on her left hand which
got fractured. Learned counsel has submitted that in this case,
the dead body of the mother of the informant was found 100 feet
away from the house of Sanjay Chaudhary in the field. There is
no role of this petitioner in the death/murder of the deceased.
Only role of this petitioner is that he has assaulted the informant
with lathi due to which, she has received simple injury. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 30.08.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail. Learned counsel for the informant has stated that
Patna High Court CR. MISC. No.14207 of 2026(3) dt.15-04-2026
3/3
during course of investigation, in the confessional statement of
co-accused, it has come that as the deceased was murdered by
his son and others, the petitioner advised them to dispose of the
body and also to assault the informant. Learned counsel has
further submitted that the petitioner has hatched a plan to
dispose of the body and to remove the evidence.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Aanti P.S. Case No. 95 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M-IX, Gayajee.
(Ashok Kumar Pandey, J)
shubham/-
U T
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