Created by Fuzzy Cloud

Patna High Court

Dinesh Choudhary @ Dinesh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.