Patna High Court

Ashok ChaudharyversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The Court denied the petitioner's application for regular bail.

Summary

Ashok Chaudhary applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in a police raid that resulted in injuries to police personnel. The prosecution contended that the petitioner was present during the raid, participated in obstructing the police, and caused a grievous injury. The petitioner argued that the alleged incident never occurred, that he surrendered voluntarily on 19‑02‑2026, and that the injury was caused by co‑accused, not him. The State opposed the bail application. After hearing both sides, the Court declined to grant bail, noting the seriousness of the allegations, and ordered the petitioner's application to be rejected, allowing a fresh application after six months.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the charges and a pending non‑bailable warrant.
Whether the petitioner can be held responsible for the grievous injury to police personnel alleged in the FIR.
Whether the nature of the offences under the Bharatiya Nyaya Sanhita justifies denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 117(2), 121(1), 121(2), 125(a), 125(b), 126(2), 132, 190, 191(2), 191(3), 224, 262, 263, 351(2), 352

Subjects

regular bail
non‑bailable warrant
false implication
grievous injury
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23870 of 2026
                       Arising Out of PS. Case No.-13 Year-2026 Thana- Karvandiya District- Rohtas
                 ======================================================
                 Ashok Chaudhary Son of Sudarshan Chaudhary Resident of Village-
                 Karwandiya, Chandani Chowk, P.S.- Karwandiya, District- Rohtas
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER
2   16-04-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Karwandiya P.S. Case

                   no.13 of 2026 registered under sections 191(2), 191(3), 190,

                   109, 121(1), 121(2), 125(a), 125(b), 117(2), 132, 126(2), 224,

                   262, 263, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that while on patrolling, having received information about the

                   petitioner against whom non-bailable warrant was pending

                   execution being present in his house, a raid was conducted. It is

                   stated that the petitioner was taken into custody, however as a

                   result of the obstruction created by Bharat Kumar, Rinku Singh,

                   Vivek Raj and the petitioner, the informant and the police

                   personnel sustained injuries. One of the injuries was found to be

                   grievous in nature.
            Patna High Court CR. MISC. No.23870 of 2026(2) dt.16-04-2026
                                                        2/2




                                    4. Learned counsel for the petitioner submits that the

                      petitioner has been falsely implicated in the case. No such

                      occurrence as alleged in the FIR has taken place. The petitioner

                      surrendered in the learned Court below on 19.2.2026. So far as

                      the allegation of causing grievous injury on the shoulder of the

                      police personnel is concerned, the same is on three other co-

                      accused and not the petitioner herein. The petitioner is in

                      custody since 19.2.2026 and undertakes to cooperate in the

                      investigation/trial. It is further submitted that co-accused Rinku

                      Singh has been enlarged on bail vide order dated 8.4.2026

                      passed in Cr. Misc. no.23469 of 2026.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the nature of allegation against the

                      petitioner, the Court is not inclined to enlarge the petitioner on

                      bail and the application is rejected.

                                   7. Liberty is granted to the petitioner to renew his

                      prayer for bail after six months.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T

Continue reading with your account

Checking your session…