Patna High Court
Subhash ChoubeyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103
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
2/2
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
Checking your session…