Patna High Court
Balram ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied because the allegations of assault and the petitioner’s multiple prior convictions warranted continued custody.
Summary
Balram Choudhary applied for regular bail in a case registered under Sections 126(2), 115(2), 308(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he and co‑accused demanded rangdari and assaulted the informant when the demand was not met. The prosecution alleged that the petitioner was involved in the assault and he has been in custody since 9 January 2026 with five prior criminal antecedents. The court examined the seriousness of the offences, the nature of the alleged assault, and the petitioner’s criminal history. Considering these factors, the court was not inclined to grant regular bail. Consequently, the application for regular bail was rejected, with the court noting that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and his prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 308(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal antecedents
- assault
- rangdari
- Bharatiya Nyaya Sanhita
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22032 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- BALIYA District- Begusarai
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Balram Choudhary S/o Makhroo Choudhary R/o Village - Sahebegpur
Panchayat (Tajpur), Ward No. 1, P.S - Ballia, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Mohan Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Balia P.S. Case No. 441 of 2025 registered for the offence under
Sections 126(2), 115(2), 308(2), 351(2), 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other co-accused persons
demanded Rangdari from the informant and on non-fulfillment,
they assaulted him.
4. The petitioner is in custody since 09.01.2026 and
has five criminal antecedents.
5. Considering the allegations levelled against the
petitioner as well as his criminal antecedents, this Court is not
Patna High Court CR. MISC. No.22032 of 2026(2) dt.08-04-2026
2/2
inclined to grant regular bail to the petitioner. Accordingly, this
application for regular bail stands rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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