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Patna High Court

Bhushan Kumar @ Bhushan ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Bhushan Kumar was arrested in connection with the death of the informant's son, alleged to have been assaulted with a knife and other weapons. He sought regular bail for offences under sections 190, 191(2), 126(2), 115(2), 103(1) and 61(2) of the Bihar Penal Code. The petitioner argued that there was no material linking him to the crime, highlighted inconsistencies in the post‑mortem report, and noted that a co‑accused had already been granted bail. The informant opposed bail, citing five prior criminal convictions of the petitioner. After considering the arguments and the lack of conclusive evidence, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite serious charges of assault leading to death.
  • Whether the evidence on record, including the post‑mortem report, is sufficient to deny bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Subjects

  • regular bail
  • assault
  • culpable homicide
  • post‑mortem report
  • criminal antecedents
  • Bihar Penal Code
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14322 of 2026
                      Arising Out of PS. Case No.-1270 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Bhushan Kumar @ Bhushan Chaudhary Son of Rajo Chaudhary Resident of
                 village - Navin Nagar Post Mortem Road, P.S. - Nawada Town, District -
                 Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anil Prasad Singh, APP
                 For the Informant        :      Mr. Rajesh Ranjan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   15-04-2026                     Heard learned counsel for the petitioner, informant

                   and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 190, 191

                   (2), 126 (2), 115 (2), 103 (1) and 61 (2) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others has assaulted with knife to the son

                   of the informant due to which he succumbed to the injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. It is further submitted that as per the

                   case of the prosecution, there are altogether 8 named accused

                   persons and 10-12 unknown miscreants are there. It is alleged
Patna High Court CR. MISC. No.14322 of 2026(3) dt.15-04-2026
                                            2/3




          that the son of the informant was being assaulted with lathi,

          danda and knife. It has been submitted that there is absolutely

          no material against the petitioner. It has further been submitted

          that from perusal of the postmortem report of the deceased, it

          will transpire that altogether seven injuries were found on the

          person of the deceased which is abrasion, laceration and

          swelling. The doctor has opined that the cause of death is the

          head injury caused by hard and blunt object. It has also been

          submitted that from perusal of the ante-mortem injuries of the

          deceased, it is clear that no cut injury was found on the person

          of the deceased whereas there is also allegation of assaulting

          with knife. It has further been submitted that only seven injuries

          were found on the person of the deceased whereas according to

          the case of the prosecution, the assailants were 20 in number, 8

          named and 12 unnamed. It is further submitted that similarly

          situated co-accused has already been granted bail by a Bench of

          this Court vide order dated 07.04.2026 passed in Cr. Misc. No.

          22023 of 2026. Moreover the petitioner is languishing in

          judicial custody since 10.12.2025.

                       5. Learned counsel appearing on behalf of the

          Informant has vehemently opposed the application for bail

          stating that the petitioner has five criminal antecedents.
            Patna High Court CR. MISC. No.14322 of 2026(3) dt.15-04-2026
                                                        3/3




                                   6. Considering the aforesaid 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 Nawada (Town) P.S. Case No. 1270 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 Chief Judicial Magistrate, Nawada.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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