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Patna High Court

Vinod Chaudhary @ Rama Kant ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, who are in‑laws of the deceased, were implicated in a FIR alleging that they murdered the informant's elder brother and subsequently cremated the body to conceal evidence, invoking Sections 302, 201 and 34 of the IPC. They contend there were no eye‑witnesses, the death was due to excessive alcohol consumption, and they have a clean antecedent. The State opposed their prayer for anticipatory bail. The Court examined whether the seriousness of the offences and the surrounding circumstances warranted denial of bail. Considering the lack of direct evidence and the petitioners' clean record, the Court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023, to be surrendered within eight weeks of arrest.

Issues considered

  • Whether anticipatory bail can be granted in a case involving murder and concealment of evidence under Sections 302, 201 and 34 IPC.
  • Whether the absence of eye‑witnesses and the alleged cause of death justify the grant of bail.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S., 2023 are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • concealment of evidence
  • IPC
  • Section 438
  • Section 482
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3053 of 2025
                      Arising Out of PS. Case No.-117 Year-2011 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Vinod Chaudhary @ Rama Kant Choudhary S/o Late Buchchi Choudhary
                  R/o Village- Parsarma, PS- Biroul, Distt- Darbhanga
           2.    Chhote Choudhary @ Chhotu Choudhary S/o Late Buchchi Choudhary R/o
                 Village- Parsarma, PS- Biroul, Distt- Darbhanga
           3.    Ramshish Choudhary S/o Late Ram Gulam Choudhary R/o Village-
                 Parsarma, PS- Biroul, Distt- Darbhanga
           4.    Brij Mohan Ram @ Braj Mohan Ram S/o Saryug Ram R/o Village-
                 Parsarma, PS- Biroul, Distt- Darbhanga
           5.    Dhirendra Mahto S/o Late Suraj Mahto R/o Village- Parsarma, PS- Biroul,
                 Distt- Darbhanga
           6.     Dilip Choudhary @ Dilip Kumar Chaudhary S/o Late Chandra Choudhary
                  R/o Village- Parsarma, PS- Biroul, Distt- Darbhanga
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr Abdus Shakoor
                 For the Opposite Party/s :       Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

7   17-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 302, 201/34 of the

                   Indian Penal Code.

                                3. As per F.I.R., allegation against petitioners is that

                   they along with other co-accused persons killed informant's

                   elder brother and without giving information to anybody,

                   cremated his dead body with intention to conceal the evidence.

                                4. Learned counsel for the petitioners submits that

                   petitioners are in-laws family members of the deceased. There is
           Patna High Court CR. MISC. No.3053 of 2025(7) dt.17-02-2026
                                                       2/2




                     no eye-witness to the occurrence and only on suspicion,

                     petitioners and others have been made accused in this case. As a

                     matter of fact, the deceased died due to consumption of

                     excessive liquor. Police, after investigation, submitted final form

                     against petitioners, however, differing with the same, learned

                     Trial Court took cognizance against all the accused persons.

                     Petitioners claim clean antecedent.

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

                     anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Additional Chief Judicial Magistrate,

                     Biroul, District - Darbhanga in connection with Biroul P.S. Case

                     No. 117 of 2011, subject to condition as laid down under

                     Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.,

                     2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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