Patna High Court
Dinesh Choudhary @ Dinesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to bond and specified conditions.
Summary
The petitioner, Dinesh Choudhary, was charged under IPC sections 302, 324, 307 and 34 in Mahua P.S. Case No. 09/2024. After an earlier bail application was rejected, he filed a second request, alleging that only two of six witnesses had been examined and that the trial was being delayed. The State opposed the bail. The Court considered the seriousness of the offences, the alleged delay, and the petitioner's cooperation. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of personal or lawyer appearance at every trial date and verification of the victim's statement regarding witness examination. Non‑compliance would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in a case involving murder, attempt to murder and other serious offences.
- Whether the alleged delay in trial and limited witness examination justify granting bail.
- Whether the conditions imposed by the Court are appropriate for ensuring the petitioner's cooperation.
Legislation cited
- Indian Penal Code — s. 302, 307, 324, 34
Subjects
- bail
- Indian Penal Code
- murder
- attempt to murder
- trial delay
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17447 of 2026
Arising Out of PS. Case No.-9 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Dinesh Choudhary @ Dinesh Chaudhary Son of Late Ram Ashish Chaudhary
@ Ramashish Choudhary R/o Village - Ramrai Singhara, P.S. - Mahua, Dist. -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Mahua P.S. Case No.
09/2024 registered for the offences punishable under Sections
302, 324, 307, 34 of the Indian Penal Code. Earlier the bail
application of the petitioner was rejected vide order dated
17.06.2025 passed in Cr. Misc. No. 13625 of 2025.
3. It has been submitted by the learned counsel for the
petitioner that only two out of six witnesses have been examined
and the last witness was examined on 06.03.2025 and the trial is
being delayed by the prosecution.
4. Learned A.P.P. for the State has opposed the prayer
Patna High Court CR. MISC. No.17447 of 2026(2) dt.16-03-2026
2/2
of the petitioner.
5. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-II, Vaishali at Hajipur/concerned Court below in
connection with Mahua P.S. Case No. 09/2024 and further
subject to the following conditions:-
(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 by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(ii) the court below before accepting the bail
bond of the petitioner will verify the statement of the
victim that only two witnesses have been examined and if
the facts are found to be false, then the bail bonds of the
petitioner will not be accepted.
(Sandeep Kumar, J)
tusharika/-
U T
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