Patna High Court

SAROJ CHAUDHARY @ SAROJ KUMARversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, three brothers, applied for bail in a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, alleging they assaulted the informant's son during a dance program, resulting in death. The prosecution’s case was described as a general and omnibus accusation with no specific overt act identified against the petitioners, and the post‑mortem report showed only a single injury on the deceased, undermining the charge. The petitioners argued they had no criminal antecedents and had been in custody since 7 May 2025. The State and the informant opposed bail. Considering the vague nature of the accusation, the clean record of the petitioners, and the evidential gaps, the court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties each.

Issues considered

Whether bail should be granted to the accused under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act despite the seriousness of the alleged offence.
Whether the general and omnibus nature of the accusation, coupled with lack of specific overt act and the post‑mortem findings, warrants bail.
Whether the petitioners’ clean antecedents and period of custody influence the bail decision.

Legislation cited

Bihar Narcotic Substances Act — s. 103(1), 3(5)

Subjects

bail
criminal procedure
general and omnibus accusation
clean antecedents
post mortem report
Sections 103(1) B.N.S.
Section 3(5) B.N.S.
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79398 of 2025
                        Arising Out of PS. Case No.-187 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
           1.     SAROJ CHAUDHARY @ SAROJ KUMAR Son of Late Kamta Chaudhary
                  R/o Village - Jigna, P.S.- Dinara, District - Rohtas (Bihar)
           2.    Lakshman Chaudhary @ Lakshuman Chaudhary Son of Late Kamta
                 Chaudhary R/o Village - Jigna, P.S.- Dinara, District - Rohtas (Bihar)
           3.    Shiv Chaudhary @ Shiv Kumar @ Shivji Chaudhary Son of Late Kamta
                 Chaudhary R/o Village - Jigna, P.S.- Dinara, District - Rohtas (Bihar)

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Pankaj Kumar Singh, Advocate
                 For the State            :        Mr. Manoj Kumar, APP
                 For the Informant        :        Mr. Madan Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                  Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 103(1) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, during a dance

                   programme, it is alleged that all the F.I.R. named accused

                   persons, including these petitioners, assaulted son of informant

                   as a result of which, he died.

                                4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.79398 of 2025(3) dt.12-02-2026
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          that petitioners are quite innocent and have committed no

          offence. Allegation of assault is general and omnibus and no

          specific accusation of overt act has been alleged against these

          petitioners. As per prosecution case, all 9 F.I.R. named accused

          persons, including these petitioners, are alleged to have

          assaulted son of informant, however, as per post mortem report,

          only one injury was found on the person of the deceased, which

          itself falsifies the entire prosecution case. Moreover, charge-

          sheet has already been submitted and petitioners, having no

          criminal antecedents, are in custody since 07.05.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant have vehemently opposed

          the prayer for grant of bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody and clean antecedents of the petitioners, the prayer for

          grant bail of to the petitioners is allowed.

                       7. Accordingly, let the above named petitioners be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge,

          1st, Bikramganj, Rohtas in connection with Dinara P.S. Case No.
             Patna High Court CR. MISC. No.79398 of 2025(3) dt.12-02-2026
                                                         3/3




                       187 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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