Patna High Court
Pritam ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied because the allegations were serious and supported by forensic evidence, making the petitioner ineligible for bail at this stage.
Summary
The petitioner, Pritam Choudhary, applied for regular bail in a case registered under Sections 191(2), 126(2), 115(2) and 103(1) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was involved in an assault arising from a trivial dispute. The prosecution contended that the allegations were serious, supported by a post‑mortem report, and that the petitioner was involved in the death of the victim. The petitioner argued innocence and that the charges were based on a general, omnibus allegation, seeking bail after being in custody since 30‑11‑2025. The State opposed bail, emphasizing the gravity of the offences. The Court, after hearing both sides, declined to grant regular bail, noting the seriousness of the accusations, but allowed the petitioner to re‑apply if the trial is unduly delayed. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 191(2), 126(2), 115(2) and 103(1) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the seriousness of the allegations and the post‑mortem report justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 191(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- sections 191 126 115 103
- post‑mortem report
- serious offences
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25091 of 2026
Arising Out of PS. Case No.-326 Year-2025 Thana- BAUNSI District- Banka
======================================================
Pritam Choudhary S/o- Niranjan Choudhary R/v- Jabra Ps- Bounsi Dist-
Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balram Kapri, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
Mrs. Rinki Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bounsi P.S. Case No. 326 of 2025 registered for the offence
under Sections 191(2), 126(2), 115(2) and 103(1) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, for a trivial dispute, the
petitioner and others are said to have assaulted the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.11.2025. It is submitted that
there is general and omnibus allegation against the petitioner;
therefore, he may be granted bail.
Patna High Court CR. MISC. No.25091 of 2026(2) dt.16-04-2026
2/2
5. Per contra, learned counsel for the State and the
learned counsel for the informant have vehemently opposed the
bail application and submit that the allegations against the
petitioner are serious and grave in nature. It is further submitted
that the post-mortem report supports the allegation.
6. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected. However, if the prosecution delays the trial, the
petitioner may renew his prayer for bail.
8. 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 T
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