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Patna High Court

Lakhandeo ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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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