Patna High Court
Chandan Kumar Chaudhary @ Chandan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted as the allegations were serious and prima facie material indicated the petitioner's involvement.
Summary
The petitioner, Chandan Kumar Chaudhary, husband of the deceased, was charged under Sections 80, 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly torturing and killing his wife. He has been in custody since 6 June 2025 and filed an application for regular bail. The court examined the seriousness of the allegations and noted the existence of prima facie material linking him to the offence. Considering the grave nature of the charges, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with a direction that the petitioner may reapply if the trial is delayed. The court clarified that its observations were only prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the serious nature of the offences and the presence of prima facie evidence against him
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5), 80
Subjects
- regular bail
- criminal procedure
- serious offence
- prima facie evidence
- murder
- domestic violence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74677 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Chandan Kumar Chaudhary @ Chandan Chaudhary Son of Jitan Chaudhary
R/o Village - Panduri, P.S. - Nasriganj, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
Mr. Bhaskar Shankar, Advocate
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 06-04-2026 Heard the learned Senior Counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Nasriganj P.S. Case No. 204 of 2025 registered for the offence
under Sections 80, 103(1), 238, and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The petitioner is the husband of the deceased. He
along with others is accused of torturing and killing the
deceased.
4. The petitioner is in custody since 06.06.2025. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
Patna High Court CR. MISC. No.74677 of 2025(6) dt.06-04-2026
2/2
5. Considering the allegation levelled against the
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected. If the trial is delayed by the prosecution, the petitioner
may renew his prayer for bail.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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