Patna High Court
Mahesh Chaudhary @ Mahesh ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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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