Patna High Court
Kundan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioners are entitled to bail in the murder case.
Summary
Petitioners Kundan Chaudhary and Jagtarni Devi were arrested in connection with a murder case (poisoning) registered as Begusarai Muffasil P.S. Case No. 381 of 2024 under Sections 103(1), 61(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased husband of the informant was employed in the petitioners' house and was poisoned, but no eyewitness evidence was presented. The petitioners argued that the case was filed with ulterior motive, that they have no prior similar criminal record (except a non‑relevant antecedent for petitioner No.1), and that co‑accused Ranjan Chaudhary and Kundan Chaudhary had already been granted bail. The State opposed bail. Considering the lack of material, the absence of eyewitnesses, and the parity with co‑accused who were released on bail, the Court ordered bail for each petitioner on a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners under Sections 103(1), 61(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023 in the absence of eyewitness evidence.
- Whether the petitioners' continued custody is justified given the parity with co‑accused who have already been released on bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 351(2), 61(2)
Subjects
- bail
- murder
- poison
- Bhartiya Nyaya Sanhita
- criminal procedure
- parity
- co‑accused
- suspicion
- no eyewitness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19001 of 2026
Arising Out of PS. Case No.-381 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Kundan Chaudhary Son of Late Gandholi Chaudhary @ Gandori Chaudhary
R/o Village - Jinedpur, Ward no. 04, P.S. - Muffasil, Dist. - Begusarai.
2. Jagtarni Devi @ Jagtaran Devi W/o Late Gandholi Chaudhary @ Gandori
Chaudhary R/o Village - Jinedpur, Ward no. 04, P.S. - Muffasil, Dist. -
Begusarai.
... ... Petitioners
Versus
1. The State of Bihar
2. Daulti Devi Wife of Late Jivan Sah R/o Village - Jinedpur, Ward no. 01, P.S.
- Muffasil, Dist. - Begusarai.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Gautam
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are seeking bail in connection with
Begusarai Muffasil P.S. Case No. 381 of 2024, registered for the
offence under Sections 103(1), 61(2), 351(2) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, FIR came to be
registered against five named accused persons including these
petitioners with the allegation that the deceased husband of the
informant was working in the house of the petitioners and that
poison was administered to him, due to which informant’s
Patna High Court CR. MISC. No.19001 of 2026(2) dt.25-03-2026
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husband died.
4. Learned counsel appearing for the petitioners
submits that the informant and the petitioners are residents of
the same village and are well known to each other and the
present case has been lodged against the petitioners only with an
ulterior motive. There is no material against the petitioners
except suspicion on unfounded grounds. There is no eyewitness
to the alleged occurrence of murder and the petitioner No. 1 has
criminal antecedents, but not of similar nature, while petitioner
No.2 has got no criminal antecedents and the petitioners are in
custody since 03.01.2026. Moreover, co-accused persons,
namely, Ranjan Chaudhary and Kundan Chaudhary have been
allowed the privilege of bail by the coordinate Benches of this
Court by order dated 26.05.2025 and 12.06.2025 passed
respectively in Cr. Misc. Nos. 36747 of 2025 and 41456 of
2026.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the
case, the nature of allegations against the petitioners and also
the parity, let the, above named, petitioners be released on bail
on furnishing bail bond of Rs. 10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.19001 of 2026(2) dt.25-03-2026
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two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Begusarai, in connection with
Begusarai Muffasil P.S. Case No. 381 of 2024.
(Praveen Kumar, J)
Pawan/-
U T
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