Patna High Court
Dinesh Chaudhary @ Ganesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no new ground to grant bail.
Summary
The petitioner, Dinesh Chaudhary, applied for regular bail in a case registered under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. This was his second bail application after the High Court had earlier rejected his request on 19.02.2025. The court noted that the charge had been framed on 26.03.2025 and five charge‑sheeted witnesses had already been examined. The petitioner argued that he had been in judicial custody since 14.08.2024 without any criminal antecedent, while the State opposed bail. The court found no new ground to revisit the earlier decision and consequently rejected the bail petition, directing the lower court to expedite the trial within two months.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 in the absence of any new material or ground.
- Whether continued judicial custody is justified pending trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 238
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78218 of 2025
Arising Out of PS. Case No.-190 Year-2024 Thana- KURTHA District- Jehanabad
======================================================
Dinesh Chaudhary @ Ganesh Chaudhary Son of Lakhan Chaudhary R/o -
Helalpur, P.S - Kinjar, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Kurtha
P.S. Case No. 190 of 2024 instituted for the offences under
Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
19.02.2025 passed in Cr. Misc. No. 83346 of 2024 taking into
account the material against the petitioner in the case diary.
4. In compliance of the order dated 13.11.2025, a
report dated 19.11.2025 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.78218 of 2025(3) dt.09-01-2026
2/2
appears that charge has been framed against the petitioner on
26.03.2025. It is further reported that total five charge-sheeted
witnesses have been examined in this case.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 14.08.2024
without any rhymes or reason and has got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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