Patna High Court
Jagdish ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to bond and compliance conditions.
Summary
Jagdish Chaudhary, the father of a deceased who allegedly set himself on fire, was charged under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Dowry Prohibition Act, 1961 for the alleged murder of his son‑in‑law. He had been in custody since 28‑Oct‑2024 and his earlier bail plea was rejected. Claiming innocence, he argued that the deceased’s death was self‑inflicted and that three examined witnesses did not support the prosecution. The State opposed bail. Considering the facts, the period of custody and the lack of supportive witness testimony, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial. Bail was granted subject to compliance with the conditions specified.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious charges under the B.N.S., 2023 and the Dowry Prohibition Act, 1961
- Whether the petitioner’s claim of innocence and the lack of corroborative witness testimony justify bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 108, 238, 3(5), 352, 61(2), 79, 84
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- regular bail
- murder
- dowry prohibition
- criminal procedure
- witness testimony
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14291 of 2026
Arising Out of PS. Case No.-669 Year-2024 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Jagdish Chaudhary S/O Late Rambilash Chaudhary R/O Divan Road, P.S-
Town Thana, Distt.- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Nagar P.S. Case No. 669 of 2024, registered under Sections
103(1), 61(2), 238, 108, 84, 352, 79 and 3(5) of the B.N.S.,
2023 as well as sections 3 and 4 of the Dowry Prohibition Act,
1961.
3. This is second attempt of the petitioner. Earlier, the
prayer for grant of regular bail to the petitioner was rejected
vide order dated 09.05.2025 passed in Cr. Misc. No. 13881 of
2025.
4. The petitioner is the father of the deceased. The
daughter-in-law has alleged that the petitioner and other have
killed the deceased. The petitioner is in custody since
28.10.2024.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.14291 of 2026(2) dt.25-02-2026
2/2
present case. He further submits that the deceased set himself on
fire as a result of which the deceased died. Three witnesses who
have been examined have not supported the prosecution case.
6. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and period of custody and deposition of the witnesses, this
application is allowed.
8. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of court of District & Additional Sessions Judge-
VIII, Muzaffarpur/concerned court below in connection with
Nagar P.S. Case No. 669 of 2024, subject to the condition that:-
(i) The petitioner, after being released on bail is
directed to co-operate in the trial either by
appearing personally or through his lawyer in
the trial Court on each and every date fixed in
the trial. Non-compliance of the condition will
result in cancellation of the bail bonds of the
petitioner.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…