Patna High Court
Arjun ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Arjun Chaudhary, applied for anticipatory bail in a case (Jagdispur P.S. Case No. 268 of 2025) involving alleged assault and murder of an informant's cousin, with charges under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the petitioner and others assaulted the informant and his cousin over a jewellery payment dispute, resulting in the cousin's death. The petitioner claimed innocence, a clean criminal record, and asserted that he was not present at the incident, seeking bail. The State opposed bail, emphasizing the specific allegations against the petitioner despite his clean record. After considering the facts, the Court declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of assault and homicide under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 109, 115, 117, 118, 190, 191, 351, 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- murder
- section 190
- section 191
- section 103
- section 109
- section 115
- section 117
- section 118
- section 351
- section 352
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38058 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Arjun Chaudhary Son of - Late Malakh Chaudhary @ Late Malakh Sahni
Resident of village - Jhakhra, P.S. - Jagdishpur District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Adv.
For the Opposite Party/s : Mr. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jagdishpur P.S. Case No. 268 of 2025, dated 23.12.2025,
lodged under Sections 190, 191(2), 191(3), 103(1), 109(1),
115(2), 117(2), 118(2), 351(2), 352 of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”), pending
before the Court of Chief Judicial Magistrate, West Champaran,
Bettiah.
3. As per the prosecution, FIR has been lodged against
08 named and 4-5 unknown accused persons, including the
present petitioner, alleging that the informant and his cousin
used to run a jewellery shop, from which the accused persons
Patna High Court CR. MISC. No.38058 of 2026(2) dt.17-06-2026
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had purchased jewellery worth Rs. 2,00,000 (Rupees Two
Lakhs), out of which Rs. 80,000 (Rupees Eighty Thousand)
remained due. Upon demand being made by the informant, a
heated exchange took place. Subsequently, it has been alleged
that all the named accused persons and others assaulted the
informant and his cousin, in which the informant’s cousin died
due to the said assault.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the criminal antecedent of the petitioner is
clean. Counsel further submits that the petitioner’s name has
been inserted in the present case with an ulterior motive.
Counsel further submits that the petitioner was not present at the
place of occurrence and has unnecessarily been made an
accused in the present case. Counsel also submits that the
petitioner is ready to fulfil all the conditions whatsoever that
may be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that, although the criminal
antecedent of the petitioner is clean, there is a specific allegation
against the present petitioner and others that they were involved
in the said assault.
Patna High Court CR. MISC. No.38058 of 2026(2) dt.17-06-2026
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6. Considering the facts and circumstances of the
present case, this Court is not inclined to grant anticipatory bail
to the petitioner. Accordingly, the prayer for anticipatory bail of
the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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