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Patna High Court

Subodh ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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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