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Patna High Court

Subhash ChoubeyversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted at this stage and dismissed the petitioner's bail application.

Summary

The petitioner, Subhash Choubey, applied for bail in a case registered under Section 103 of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in the death of a temple Mahanth following a quarrel over money. The prosecution contended that the petitioner assaulted and abused the Mahanth, leading to injuries that caused death. The petitioner argued innocence, citing a post‑mortem report that showed only a single head injury and no evidence of repeated assault, and highlighted his lack of prior criminal record. The State opposed bail, maintaining that the assault resulted in fatal injuries. After considering the facts and submissions, the court declined to grant bail, directing the trial court to expedite the trial within nine months and allowing a fresh bail application thereafter. The bail application was consequently dismissed.

Issues considered

  • Whether bail should be granted to the accused under Section 103 of the Bharatiya Nyaya Sanhita, 2023 in view of the circumstances of the alleged murder.

Legislation cited

Subjects

  • bail
  • murder
  • Section 103
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • post-mortem report
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2113 of 2026
                     Arising Out of PS. Case No.-368 Year-2025 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Subhash Choubey, Son of Late Hridyanand Choubey, Resident of Village -
                 Bahera, P.S. Karagahar, District - Rohtas at Sasaram.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Pandey, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   24-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Dehari

                   (Nagar) P.S. Case No. 368 of 2025 dated 08.08.2025 registered for

                   the offence punishable under Section 103 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The allegation against the petitioner is that a quarrel

                   took place between him and the Mahanth of the temple on account

                   of some money for worshiping and the Mahanth of the temple was

                   abused and assaulted by the petitioner leading to his death.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   It is submitted that it is apparent from the post-mortem report that

                   only one injury was found on the head of the deceased and there is

                   no repetition of assault on the head. The petitioner is in custody

                   since 27.09.2025, having no criminal antecedent and charge-sheet

                   has been submitted in the case.
            Patna High Court CR. MISC. No.2113 of 2026(3) dt.24-02-2026
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                                   5. Learned A.P.P for the State opposes the prayer for

                      bail of the petitioner and submits that Mahanth of the temple was

                      abused and assaulted by the petitioner due to which he sustained

                      injury which resulted into his death.

                                   6. Having considered the facts and circumstances of the

                      case and submissions of learned counsel for the parties, I am not

                      inclined to grant bail to the petitioner at this stage.

                                   7. Accordingly, the prayer of the petitioner for grant of

                      bail is rejected.

                                   8. The learned Trial Court is directed to take all

                      endeavour to conclude the trial at the earliest, preferably, within

                      nine months from the date of receipt/production of a copy of this

                      order without granting any unnecessary adjournment. If the trial is

                      not concluded within nine months, the petitioner will be at liberty

                      to renew his bail application after nine months.

                                      9. This application stands dismissed.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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