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Patna High Court

Pritam ChoudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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