Patna High Court

Sukesh Kumar Chaudhary @ Sukesh KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sukesh Kumar Chaudhary, was charged under Sections 302, 201 and 34 of the Indian Penal Code for allegedly assaulting his father with a lathi, causing death. He contended that he was falsely implicated, arguing that the informant who lodged the FIR was his full brother and not an eye‑witness, and that the prosecution’s witnesses turned hostile, with no injury report or post‑mortem conducted. The State opposed bail, citing the seriousness of the murder charge. The court examined the lack of substantive evidence, the absence of a medical report, and the petitioner’s clean record. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to an accused in a murder case under Sections 302, 201 and 34 IPC in the absence of eye‑witnesses, medical report, and with hostile prosecution witnesses.

Legislation cited

Indian Penal Code — s. 201, 302, 34

Subjects

bail
murder
IPC 302
IPC 201
IPC 34
false implication
eye witness
post-mortem
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2158 of 2026
                        Arising Out of PS. Case No.-61 Year-2024 Thana- Mehendiya District- Arwal
                 ======================================================
                 Sukesh Kumar Chaudhary @ Sukesh Kumar, Son of Late Nanhak Chaudhary,
                 Resident of Village- Shivpur Balapar, Police Station- Mehendiya, District-
                 Arwal.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar, Adv.
                 For the Opposite Party/s :        Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Case No. 652 of 2024 / 289 of 2025 arising out of

                   Mehendiya P.S. Case No. 61 of 2024 dated 14.03.2024

                   registered for the offence punishable under Sections 302,

                   201 and 34 of the Indian Penal Code.

                                3. As per the allegation, the petitioner had quarrel

                   with his father (deceased) and he assaulted with lathi on the

                   head of his father due to which he died on the spot.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.2158 of 2026(3) dt.19-03-2026
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          this case. It is submitted that the informant and the

          petitioner is full brother. The deceased is the father of the

          petitioner as well as the informant. The informant alleges

          against the petitioner that he assaulted with lathi on the head

          of the father due to which he died. It is further submitted

          that from perusal of the F.I.R., it appears that the informant

          is not an eye witness to the occurrence. During trial, three

          witnesses were examined. The informant has been

          examined as PW-1, who did not support the case of the

          prosecution. It is also submitted that P.W.-2 has become

          hostile and P.W.-3 has also not supported the case of the

          prosecution. There is no eye witness to the said occurrence

          and there is no injury report or post-mortem report. At the

          cremation of the deceased, the informant was also present

          but he did not sent the body for post-mortem. After

          cremation, this present case has been lodged. The petitioner

          is in custody since 02.04.2024, having no criminal

          antecedent and charge-sheet has been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances
            Patna High Court CR. MISC. No.2158 of 2026(3) dt.19-03-2026
                                                        3/3




                      of the case and submissions of learned counsel for the

                      parties, let the petitioner be released on bail upon furnishing

                      bail bonds of Rs. 10,000/- (ten thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      District and Additional Sessions Judge-I, Arwal in

                      connection with Sessions Case No. 652 of 2024 / 289 of

                      2025 arising out of Mehendiya P.S. Case No. 61 of 2024.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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