Patna High Court
Vinod Chaudhary @ Rama Kant ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302, 34
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
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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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