Patna High Court
Siddhu Chauhan @ Sudhir ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, finding that the allegations were limited and he was not named in the FIR.
Summary
The petitioner, Siddhu Chauhan, applied for bail in a criminal case registered under Sections 103(1), 61 and 238 of the B.N.S., alleging that he helped dispose of a dead body near a riverbank. The prosecution alleged that he aided co‑accused persons in the disappearance of the body, but his name did not appear in the First Information Report; it surfaced only later through the confessional statement of co‑accused Kamlesh Kumar. The petitioner’s counsel argued that, at most, only Section 238 (concealment of a dead body) could be attracted against him and that the material evidence limited the charge to that offence. The State opposed bail, relying on the FIR allegations. The Court, noting that the petitioner was not named in the FIR and that the investigation material pertained solely to disposal of the body, granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner who is not named in the FIR but is implicated through a co‑accused’s statement.
- Whether the allegations against the petitioner are limited to an offence under Section 238 of the B.N.S. warranting bail.
Legislation cited
- B.N.S. — s. 103(1), 238, 61
Subjects
- bail
- criminal procedure
- FIR
- Section 238
- disposal of dead body
- non‑accused
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4271 of 2026
Arising Out of PS. Case No.-523 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Siddhu Chauhan @ Sudhir Chauhan S/o Late Dukhi Chauhan R/o Village-
Noniya Bigha, Dharampur, P.S.- Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 103(1), 61, 238 of the
B.N.S.
3. As per the prosecution case, the petitioner is
alleged to have aided and facilitated the accused persons in
causing the disappearance of the body of the deceased by
disposing of the same near the river shore.
4. Learned counsel for the petitioner submits that it
would be apparent from the First Information Report itself that
a dead body had been recovered by the Chaukidar, who is the
informant and Ashok Chauhan, Vicky Kumar, Kamlesh Kumar
and Ranju Devi were made accused along with 8 to 10
Patna High Court CR. MISC. No.4271 of 2026(3) dt.25-02-2026
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unknown persons. The petitioner was not named accused in the
First Information Report, his name transpired during the course
of investigation in the confessional statement of Kamlesh
Kumar. It has been stated that it was actually co-accused Ashok
Chauhan, who was fed up with his daughter fleeing from home
time and again. The name of the petitioner transpired during
the course of investigation in the statement of F.I.R. named
accused, Kamlesh Kumar, whose statement was recorded and
he has also admitted that it was his father Ashok Chauhan, who
had killed his sister and his elder brother called some villagers
including the petitioner for disposing of the dead body. As
such, it is submitted that at best an offence under Section 238
of the B.N.S. would only be made applicable against the
petitioner. Further, the petitioner is in custody since 12.10.2025
and charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is not
named in the First Information Report, coupled with the fact
that the materials collected during the course of investigation
Patna High Court CR. MISC. No.4271 of 2026(3) dt.25-02-2026
3/3
also disclose that the allegations are confined to disposing off
dead body, let the above named petitioner, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned J.M. 1st, Class-III, Nalanda, Biharsharif/concerned
Court below in connection with Noorsarai P.S. Case No. 523 of
2025.
(Soni Shrivastava, J)
anand/-
U T
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