Patna High Court
Vidya Sagar Choudhari @ Vidyasagar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail should be granted to all four petitioners, subject to a bond and conditions ensuring their presence at trial.
Summary
The petitioners, four residents of Kajipur village, were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly pushing a dancer who fell and injuring her, and for allegedly snatching Rs.12,000 from an informant. Their earlier bail application was rejected on 11 August 2025, but they filed a fresh application seeking regular bail, contending that the injury was accidental and that they have cooperated with the trial. The State opposed the bail, emphasizing the seriousness of the offences. The court noted that more than eight months had elapsed since the earlier rejection and the petitioners had been in custody since 14 March 2025. Considering the elapsed time, the nature of the allegations, and the petitioners' willingness to cooperate, the court granted bail to all four petitioners on a bond of Rs.10,000 with two sureties each, subject to conditions of physical presence at trial and possible cancellation for non‑cooperation. The order directs the bail bond to be satisfied to the Principal District and Sessions Judge, Buxar.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the earlier rejection of bail can be revisited after a substantial lapse of time.
- Whether the alleged accidental injury and lack of intent justify the grant of bail.
- What conditions may be imposed on bail to ensure the petitioners' cooperation with the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- sections 109,115(2),126(2),351(2),352,303(2),74,3(5)
- accidental injury
- surety
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17630 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- SIMRI District- Buxar
======================================================
1. Vidya Sagar Choudhari @ Vidyasagar Choudhary, S/O Bihari Choudhari,
R/O Village- Kajipur, P.S- Simri, District- Buxar
2. Lal Babu Choudhari, Son of Ramraj Choudhari, R/O Village- Kajipur, P.S-
Simri, District- Buxar
3. Guddu Choudhari, Son of Dhanjay Choudhary @ Dhanejar Choudhari, R/O
Village- Kajipur, P.S- Simri, District- Buxar
4. Rohit Kumar @ Rohit Choudhari, Son of Mohan Choudhary @ Mauhan
Choudhary, R/O Village- Kajipur, P.S- Simri, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioners have renewed their prayer for grant
of regular bail in connection with (Sessions Trial no.205 of
2025) Simri P.S. Case no.49 of 2025, registered under sections
109, 115(2) 126(2), 351(2), 352, 303(2), 74 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are said
to have come on the stage when an orchestra programme was
going on and as a result of their having pushed the dancer, she
fell on the generator and suffered injuries. It is further stated that
they also snatched Rs.12,000/- from the possession of the
Patna High Court CR. MISC. No.17630 of 2026(2) dt.25-03-2026
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informant.
4. It is submitted by learned counsel for the petitioners
that the earlier application for bail of the petitioners was rejected
vide order dated 11.8.2025 passed in Cr. Misc. no.48815 of
2025 giving liberty to the petitioners to renew their prayer for
bail after four months. The injuries suffered by the informant
was as a result of an accident and there was no intention on part
of the petitioners to hurt her. The petitioners are in custody since
14.3.2025 and undertake to cooperate in the trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioners in the F.I.R, the liberty granted in the earlier order of
rejection dated 11.8.2025 (Annexure-P/1), more than 8 months
having passed since the said order of rejection and the
petitioners being in custody since 14.3.2025, all the four
petitioners are directed to be enlarged on bail in connection with
Sessions Trial no.205 of 2025 (arising out of Simri P.S. Case
no.49 of 2025), on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal District and Sessions Judge,
Patna High Court CR. MISC. No.17630 of 2026(2) dt.25-03-2026
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Buxar on the following conditions :-
(I) The trial having commenced, all the four
petitioners shall remain physically present in the learned trial
Court on each date of the case/trial and shall cooperate in the
trial.
(II) In case the petitioners remain absent on any date
for reasons not to the satisfaction of the learned trial Court or
the learned trial Court is of the opinion that the case/trial is
being delayed due to non-cooperation on part of the petitioners,
the learned Court below may cancel the bail bond of the
petitioners and take them into custody till conclusion of the trial.
(Partha Sarthy, J)
avinash/-
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