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Patna High Court

Ratan ChoudhariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the case was not fit for such relief.

Summary

The petitioners Ratan Choudhari and Suraj Kumar were implicated in a case (PS Rani Talab Case No.111 of 2025) involving assault with a lathi and iron rod that resulted in the death of an informant's father‑in‑law, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. Ratan Choudhari surrendered before the lower court and sought to withdraw his application, which the High Court permitted, dismissing it as infructuous. Suraj Kumar applied for anticipatory bail, claiming he was falsely implicated due to a land dispute and asserting no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences. The Court held that the case was not suitable for anticipatory bail and rejected the prayer, while indicating that regular bail could be considered if Suraj surrenders within six weeks.

Issues considered

  • Whether the petitioner Suraj Kumar is entitled to anticipatory bail in a case involving offences under Sections 126(2), 115(2), 109, 352, 351(2), 351(3), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • assault
  • homicide
  • false implication
  • land dispute
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60242 of 2025
                     Arising Out of PS. Case No.-111 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
           1.     Ratan Choudhari S/o Lal Bahadur Choudhari R/o Village- Rani Talab, P.S.-
                  Rani Talab, District- Patna
           2.    Suraj Kumar S/o Ratan Choudhari R/o Village- Rani Talab, P.S.-Rani Talab,
                 District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioners and Mr.

                   Choubey Jawahar, learned APP for the State. Perused the case

                   diary.

                                2. Learned counsel for the petitioner No.1 Ratan

                   Choudhary seeks permission of this Court to withdraw the

                   present application filed on behalf of petitioner No.1 Ratan

                   Choudhary as he has surrendered before the learned court

                   below.

                                3. Permission is accorded.

                                4. Accordingly, the present application filed on behalf

                   of petitioner No.1 Ratan Choudhary stands dismissed as

                   withdrawn as the same has become infructuous.
Patna High Court CR. MISC. No.60242 of 2025(3) dt.09-02-2026
                                            2/3




                      5. The petitioner No.2 Suraj Kumar apprehends his

          arrest in connection with Rani Talab P.S. Case No. 111 of 2025,

          instituted for the offences under Sections 126(2), 115(2), 109,

          352, 351(2), 351(3), 103(1) and 3(5) of the Bharatiya Nyaya

          Sanhita, 2023.

                      6. Prosecution case, in short, is that eight accused

          persons, including the petitioners, assaulted the informant and

          her father-in-law by means of Lathi and iron rod as a result of

          which father-in-law of the informant sustained injury and later

          on he died.

                      7. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. He

          further submitted that there are case and counter case between

          the parties. There is land disputed between the parties. It has

          been submitted on behalf of the petitioner that the petitioner has

          no criminal antecedent.

                      8. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       9. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offences, in my view, this is
           Patna High Court CR. MISC. No.60242 of 2025(3) dt.09-02-2026
                                                       3/3




                     not a fit case for anticipatory bail.

                                  10. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  11. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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