Patna High Court
Shiva Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
Shiva Kumar Choudhary was arrested in connection with a case alleging that he, along with others, assaulted an informant and his family with deadly weapons, robbed cash and a mobile phone, and attempted to kill the informant’s wife and son. He applied for bail, asserting that he was falsely implicated because of an ongoing land dispute and that he has only one prior criminal antecedent. The State opposed bail, emphasizing the seriousness of the offences charged under Sections 126(2), 115(2), 118(1), 109, 303(2), 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The Court noted that a charge‑sheet had been filed, the petitioner had been in custody since 21‑08‑2025, and there existed a case‑and‑counter‑case between the parties. Considering these facts, the Court granted bail on a personal bond of Rs.15,000 with two sureties, subject to conditions that one bailor be a close family member and that the petitioner appear at every trial date. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted to the accused despite the gravity of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the existence of a case‑and‑counter‑case and a prior criminal antecedent preclude the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- robbery
- false implication
- land dispute
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77083 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- BAIRGACHHAI District- Araria
======================================================
Shiva Kumar Choudhary Son of Vidyanand Choudhary Resident of Village -
Manikpur, Ward no. 08, Police Station - Bairgachhi, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bairgachhi P.S. Case No. 90 of 2025 instituted for the offence
under Sections 126(2), 115(2), 118(1), 109, 303(2), 76, 352,
351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 20.08.2025, all
FIR-named accused persons, including the petitioner, allegedly
assaulted the informant with deadly weapons, causing serious
injuries, and snatched cash and a mobile phone. It is further
alleged that they assaulted the informant’s wife and son,
attempted to kill them, looted cash and ornaments from the
house.
Patna High Court CR. MISC. No.77083 of 2025(3) dt.02-02-2026
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4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 21.08.2025. Petitioner
bears one criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. As per the FIR, petitioner allegedly assaulted the
informant by means of dabiya on his head, due to which he
sustained grievous injury. It is submitted that there is subsisting
land dispute between the parties. There is case and counter case
between the parties. Police upon completion of investigation has
submitted charge sheet in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being case
and counter case between the parties and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bairgachhi P.S. Case
Patna High Court CR. MISC. No.77083 of 2025(3) dt.02-02-2026
3/3
No. 90 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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