Patna High Court
Vidyasagar ChoubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Vidyasagar Choubey and Tarkeshwar Choubey, were arrested in connection with a case alleging that they forcibly entered an agricultural field, shot and killed a person, and assaulted four others. The FIR charges them under multiple sections of the Bharatiya Nyaya Sanhita, including offences of murder, assault, and unlawful assembly, as well as Section 27 of the Arms Act. The petitioners contended that they are innocent, have no prior criminal record, and have been in custody since 16 March 2026. The State opposed the grant of regular bail, citing the seriousness of the offences. After considering the submissions and the length of custody, the High Court allowed the bail application, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, while noting that the order is limited to bail and does not prejudice the trial.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged with serious offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the period of pre‑trial detention justifies the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3), 351(2), 352, 50, 61(2)
Subjects
- bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- assault
- forced harvesting
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40226 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
======================================================
1. Vidyasagar Choubey S/O Late Ramkripal Choubey Rsident of Village-
Bhakhwa, Police Station- Sikraul, Distt- Buxar
2. Tarkeshwar Choubey @ Babli Choubey S/O Vidyasagar Choubey Rsident of
Village- Bhakhwa, Police Station- Sikraul, Distt- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ritesh Abhishek, Advocate
For the State : Mr.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Sikraul
P.S. Case No. 06 of 2026 registered for the offence punishable
under Sections 191(2), 191(3), 126(2), 115(2), 109, 50, 61(2),
103(1), 351(2), 352 of the Bharatiya Nyaya Sanhita and Section
27 of the Arms Act.
3. As per the prosecution case, the petitioners and
others had gone to the place of occurrence to forcibly harvest
the agricultural field, and in the process, Kanhaiya Chaubey
Patna High Court CR. MISC. No.40226 of 2026(2) dt.07-07-2026
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allegedly fired a shot and killed the deceased. The petitioners
and other accused persons are also said to have assaulted the
prosecution side, causing injuries to four persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence.
The petitioners are in custody since 16.03.2026 having no
criminal antecedents.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioners.
6. I have considered the submissions of the parties and
have gone through the records of the case. Though the
petitioners are named in the FIR but considering the period of
custody, this application for regular bail is allowed.
7. Accordingly, let the petitioners, above named, be
released 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 the learned Additional Chief Judicial Magistrate
1st Buxar/ concerned Court below in connection with Sikraul
P.S. Case No. 06 of 2026.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
Patna High Court CR. MISC. No.40226 of 2026(2) dt.07-07-2026
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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