Patna High Court
Raju ChauhanversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied the petitioner's bail application.
Summary
The petitioner, Raju Chauhan, applied for regular bail in a murder case (Barhariya PS Case No. 472 of 2025) where he was accused of stabbing the informant’s son, resulting in death. The FIR charges him under Sections 109, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner’s counsel argued that he is innocent, has a clean antecedent and has been in custody since 16‑10‑2025. The State and the informant’s counsel opposed bail, emphasizing the seriousness of the offence. The Court, after considering the nature and gravity of the accusation, rejected the bail application and directed the trial court to expedite the trial within a year.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under Sections 109, 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the seriousness and gravity of the offence preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 3(5)
Subjects
- regular bail
- murder
- stabbing
- Bharatiya Nyaya Sanhita
- high court
- trial expedite
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19442 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- BARHARIA District- Siwan
======================================================
Raju Chauhan S/O Shankar Bhagwan Mahto Resident of vill-Hathigayi, P.S-
Barhariya, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, A.P.P.
For the Informant ; Mr. Mani Bhushan Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Barhariya P. S. Case No. 472 of 2025 registered for the offences
punishable under Sections 109, 103(1), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., this petitioner stabbed the son of
informant with knife as a result of which, he died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent and is in custody since 16.10.2025.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
Patna High Court CR. MISC. No.19442 of 2026(2) dt.01-05-2026
2/2
application.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
16.10.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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