Patna High Court
Ratan ChoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
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
Checking your session…