Patna High Court
Keshwar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Keshwar Chauhan was arrested on 19 May 2025 in connection with a murder case (FIR dated 1 April 2025) alleging he and others killed Anita Devi, the daughter of an informant, under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed he was falsely implicated, had a clean antecedent, and that witnesses in the case diary indicated the deceased had committed suicide. The prosecution opposed bail, asserting an unnatural death and body disposal by the accused. The High Court, after considering the claim of suicide and the filing of a charge sheet, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was subject to cancellation if the petitioner absented himself from two consecutive court dates without sufficient reason or concealed any prior criminal record.
Issues considered
- Whether bail should be granted to an accused in a murder case where the prosecution alleges an unnatural death but the defence claims the death was a suicide.
- Whether the presence of witness statements indicating suicide and the filing of a charge sheet justify bail despite the seriousness of the offence.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 238(a), 3(5)
Subjects
- bail
- murder
- suicide claim
- criminal antecedent
- Bharatiya Nyay Sanhita
- conditions of bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72547 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Keshwar Chauhan S/O Murari Chauhan R/O Village- Nuniyapatti, P.S-
Dhanaha, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shahbaj Alam, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 12-03-2026 Heard Mr. Shahbaj Alam, learned counsel for the
petitioner as well as Mr. Binod Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.05.2025 in connection with Dhanaha P.S. Case No. 103 of
2025, F.I.R. dated 01.04.2025 for the offences punishable under
Sections 103(1), 238(a), 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons
killed her daughter, namely, Anita Devi.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the basis that he is the
Patna High Court CR. MISC. No.72547 of 2025(5) dt.12-03-2026
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husband of the deceased. As per allegation in the FIR the
petitioner and other accused persons committed the murder of
the daughter of the informant and disposed the body of the
deceased. He further submits that the allegation as alleged in the
F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R. He next submits
that it has come during investigation that number of witnesses
have stated in paragraph nos. 49,50,51 of the case diary that the
deceased has committed suicide herself. He further submits that
police after investigation has submitted charge sheet and trial
has begun. The petitioner is in custody since 19.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that daughter of the informant has died unnatural death
and petitioner along with other co-accused persons have
disposed the body of the deceased.
6. Considering the aforesaid facts and circumstances
and the fact that number of witnesses have stated that the
deceased has committed suicide herself and charge has been
framed against the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.72547 of 2025(5) dt.12-03-2026
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satisfaction of the learned Judicial Magistrate-I Class, Bagaha,
West Champaran in connection with Dhanaha P.S. Case No. 103
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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