Patna High Court
Awadhesh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that regular bail must be granted as the petitioner has been detained for an extended period without substantive evidence or witness examination.
Summary
Awadhesh Choudhary was arrested in connection with a murder case (Bairiya PS Case No. 385 of 2024) alleged to involve a dowry demand for a motorcycle and the subsequent killing of the informant's daughter. The petitioner claimed innocence, arguing that the dowry allegation was fabricated after 13 years of marriage and that the death was due to cardiac arrest, noting that no post‑mortem was performed and no witnesses had been examined. The State contended that the petitioner was a chronic alcoholic who confessed to killing his wife while intoxicated. The court observed that the petitioner had been in custody for over a year without any witness examination and, considering the lack of substantive evidence, directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance. The bail order was conditioned on the petitioner’s compliance, with the possibility of cancellation for non‑appearance.
Issues considered
- Whether regular bail should be granted to the accused who has been in custody for more than a year without witness examination
- Whether the allegations of dowry demand and murder are substantiated enough to deny bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 238, 3(5)
Subjects
- regular bail
- dowry death
- murder
- criminal procedure
- bail conditions
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65266 of 2025
Arising Out of PS. Case No.-385 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
Awadhesh Choudhary S/o Late Puran Choudhary R/o Village - Siswa Saraiya,
P.S - Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 03-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner is seeking regular bail in connection
with Bairiya P.S. Case No. 385 of 2024, registered for the
offences punishable under Sections 103(1), 238, 3(5) of the
BNS.
3. As per allegation, the petitioner along with other
co-accused persons demanded motorcycle as dowry from the
informant’s daughter and due to its non-fulfillment, they killed
her and concealed her dead body.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the allegation of demand
of motorcycle is false as this allegation has been made after 13
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years of marriage that too, after birth of four children. It has
further been submitted that the postmortem was not conducted
so cause of death could not be ascertained. Learned counsel has
further submitted that the deceased died due to cardiac arrest.
The petitioner is in custody since 14.11.2024.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the petitioner is
addicted to liquor and he confessed that in drunken condition,
he killed his wife.
6. The petitioner is in custody for more than a year
and no witness has been examined till date.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-III, West
Champaran, Bettiah in connection with Bairiya P.S. Case No.
385 of 2024, subject to the following conditions that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
8. The petitioner shall physically appear before the
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learned Court below on each and every date. In case of
failure on two consecutive dates, unless he is prevented by
extremely adverse circumstances, the learned Court below
will be at liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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