Patna High Court
Subodh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail could not be granted in view of the serious assault leading to death, and therefore rejected the bail application.
Summary
The petitioner, Subodh Choudhary, was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he assaulted the husband of an informant with a sharp weapon, causing serious head injuries that led to the victim's death. The petitioner contended that the allegations were false, that he had no prior criminal record, and sought regular bail after being in custody since 7 February 2025. The State opposed the bail application, emphasizing the seriousness of the offence and the death of the victim. After hearing both sides, the Court considered the nature of the assault, the resulting fatal injury, and the gravity of the charges. Concluding that the circumstances did not warrant bail, the Court rejected the petitioner's application for regular bail.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offence and the death of the victim.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(1), 127(1), 3(5), 351(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault
- homicide
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76028 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Subodh Choudhary Son of Late Nakul Choudhary Resident of Village- Angari
More Ward No.12, Police Station- Jagdishpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jagdishpur P.S. Case no.
21 of 2025 registered under sections 103(1), 127(1), 115(2),
118(1), 74, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to
have assaulted the husband of the informant with a sharp
weapon causing serious injuries on his head.
4. It is submitted by learned counsel for the petitioner
that the husband of the informant died in course of treatment. The
allegations levelled against the petitioner are false and concocted. No
such occurrence as alleged in the FIR has taken place. The petitioner
is in custody since 7.2.2025 and chargesheet has been submitted in
Patna High Court CR. MISC. No.76028 of 2025(4) dt.11-02-2026
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the case. He has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner of
him having assaulted the husband of the informant with a sharp
cutting weapon, corresponding injury having been found on the
head of the husband of the informant who subsequently died,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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