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Patna High Court

Mahesh Chaudhary @ Mahesh ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

Mahesh Chaudhary and Sharma Kumar applied for anticipatory bail fearing arrest in Bairiya Police Station Case No. 202 of 2025, which alleges they assaulted the informant's son leading to his death under sections 103(1) and 3(5) of the BNS. The prosecution's version claims a common intention assault, while the petitioners contend the death resulted from electrocution at a marriage function, a claim supported by a post‑mortem report indicating shock due to electrocution. The petitioners have no prior criminal record and have offered to cooperate with the investigation. The State opposed the bail, maintaining the assault allegation. After reviewing the case diary and medical evidence, the Court was inclined to grant anticipatory bail with strict conditions, including surety, regular court appearances, and non‑interference with witnesses. The order directs that the petitioners be released on bail if arrested or surrendered within four weeks, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the allegation of assault causing death under sections 103(1) and 3(5) of the BNS
  • Whether the post‑mortem evidence of electrocution creates reasonable doubt sufficient to justify bail

Legislation cited

  • BNS — s. 103(1), 3(5)

Subjects

  • anticipatory bail
  • post‑mortem report
  • electrocution
  • assault
  • criminal antecedent
  • bail conditions
  • BNS
  • sections 103(1)
  • section 3(5)
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67296 of 2025
                   Arising Out of PS. Case No.-202 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
           1.     Mahesh Chaudhary @ Mahesh Chaudhari Son of Feku Chaudhary @ Langat
                  Chaudhary Resident of Village - Bagahi Ratanpur, Nimiya Tola, Ward No.-
                  07, P.S.- Bairiya, District - West Champran.
           2.     Sharma Kumar @ Shrma Kumar Son of Mahesh Chaudhary Resident of
                  Village - Bagahi Ratanpur, Nimiya Tola, Ward No.- 07, P.S.- Bairiya,
                  District - West Champran.
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                                                  Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-02-2026                   Heard Mr. Sanjeev Kumar, learned counsel for the

                   petitioners and the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Bairiya P.S. Case No. 202 of 2025 for the offence

                   under sections 103(1) and 3(5) of the BNS lodged on 29.05.2025

                   by the informant, America Chaudhari.

                                 3. As per the prosecution story, the informant alleged

                   that his son, Maharaj Kumar was working outside and was a friend

                   of Parma Chaudhary son of the petitioner no. 1, Mahesh

                   Chaudhary. There was a marriage in the family of Parma

                   Chaudhary and his son was also attending it. There, some issues

                   took place and the accused persons with common intention,

                   assaulted the son causing his death. This led to the FIR.

                                 4. Learned counsel for the petitioners submit that they
Patna High Court CR. MISC. No.67296 of 2025(3) dt.11-02-2026
                                            2/3




          were attending the marriage, unfortunate incident took place and

          due to electrocution, the death took place, however, sensing an

          opportunity, the FIR. They are ready to cooperate in the

          investigation/trial and the last submission is that the petitioners do

          not have any criminal antecedent.

                       5. Earlier, the Coordinate Bench had called for the case

          diary which is now available and this Court has gone through the

          postmortem report which supports the petitioners’ claim as the

          cause of death has been recorded as shock as a result of

          electrocution. This report has been provided by the FMT

          Department of Government Medical College, Bettiah.

                       6. Learned APP opposes the prayer submitting that

          allegation is against all the accused persons of assaulting

          informant’s son which led to his death.

                       7. Allegation is there, the petitioners shall be facing the

          music, they have no criminal antecedent and an undertaking has

          been given that they shall be diligently appearing in trial, in that

          background and taking into account the cause of death also, this

          Court is inclined to extend them the privilege of anticipatory bail

          with conditions.

                       8. Let the petitioners be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten
          Patna High Court CR. MISC. No.67296 of 2025(3) dt.11-02-2026
                                                        3/3




                    thousand) each with two sureties of like amount each to the

                    satisfaction       of     learned      J.M.    1st    Class,    Bettiah,    West

                    Champaran/successor Court in connection with Bairiya P.S. Case

                    No. 202 of 2025 subject to the following conditions:

                                 (i)    one     of   the      bailor     should    be   the    family

                    member/relative of the petitioners who shall provide official

                    document (Aadhaar Card/Voter ID Card/Pan Card/Driving

                    License) to show his/her bona fide;

                                 (ii) the petitioners shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of their bail

                    bond by the Trial Court itself;

                                 (iii) the petitioners shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (iv) the petitioners shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty to

                    take steps for cancellation of their bail bonds.



                                                     (Rajiv Roy, J)
Adnan/-

U     T


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