Patna High Court
Brijesh Chauhan @ Brajesh ChauhanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail could not be granted as the case involved serious offences and was at an advanced stage of trial.
Summary
The petitioner, Brijesh Chauhan, was charged under Sections 376, 341, 323, 506, 504, 354B and 34 of the IPC for alleged rape and assault. He applied for bail before the Patna High Court. The court noted that the FIR alleged serious offences and that the trial had progressed to the stage of recording the accused's statements under Section 313 of the Cr.P.C. Considering the gravity of the allegations and the advanced stage of the proceedings, the court declined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences alleged.
- Whether the fact that the trial is at the stage of recording statements under Section 313 of the Cr.P.C. precludes the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 323, 34, 341, 354B, 376, 504, 506
Subjects
- bail
- rape
- assault
- IPC
- Cr.P.C.
- high court
- trial stage
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50326 of 2024
Arising Out of PS. Case No.-10 Year-2024 Thana- MAHILA P.S District- West Champaran
======================================================
Brijesh Chauhan @ Brajesh Chauhan Son of Lalan Chauhan Resident of Vill-
Gobrahiya, P.S.- Lauariya, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. 'X' D/o Rajendra Sahani R/o Village - Gobrahiya, Ward No.3, P.S.-
Laukariya, District - West Champaran (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik. Adv.
Mr.Suresh Prasad Sharma, adv.
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
8 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bagaha
(Mahila) P.S. Case No. 10 of 2024, registered for the offence
under Sections 376, 341, 323, 506, 504, 354B and 34 of IPC.
3. Allegation in the F.I.R is that petitioner along with
other co-accused persons are alleged to have committed rape
with the victim/informant and also assaulted her.
4. By an earlier order dated 16.01.2026, a report was
called for with regard to stage of case/trial and the same has
been received which would indicate that the case is at the stage
of recording of the statement of the accused persons under
Section 313 of Cr.P.C.
Patna High Court CR. MISC. No.50326 of 2024(8) dt.16-02-2026
2/2
3. Taking into consideration the allegation against the
petitioner in the F.I.R and also considering the fact that the trial
has reached at an advance stage, this Court is not inclined to
grant bail to the petitioner and the application is rejected.
(Soni Shrivastava, J)
Harsh/-
U T
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