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Patna High Court

Vikash ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Vikash Chaudhary was arrested on 19-08-2025 in connection with FIR dated 25-04-2025 alleging assault on the informant's father that caused his death, under Sections 103(1) and 3(5) of the BNS, 2023. The prosecution claimed the accused assaulted the victim, while the petitioner contended that the FIR was fabricated, he had no involvement, and the post‑mortem report did not support the alleged injuries. The petitioner, who has a clean antecedent, applied for bail. The court examined the medical evidence, noted the lack of corroboration, and considered the petitioner’s clean record. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the BNS, 2023 given the facts.
  • Whether the FIR is false or fabricated and the medical evidence undermines the prosecution’s case.
  • Whether the petitioner’s clean antecedent warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • false FIR
  • medical evidence
  • clean antecedent
  • Sections 103(1) BNS
  • Section 3(5) BNS
  • assault leading to death
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81334 of 2025
                    Arising Out of PS. Case No.-149 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Vikash Chaudhary Son of Basant Choudhary R/o Village- Megh Raj Bigha
                 (Pavai), P.S.- Aurangabad (Muffasil), District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                      Heard Mr. Dharmendra Kumar Singh, learned

                   counsel for the petitioner and Mr. Ganesh Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.08.2025 in connection with Aurangabad (Muffasil) P.S. Case

                   No. 149 of 2025, F.I.R. dated 25.04.2025 for the offences

                   punishable under Sections 103(1) and 3(5) of the BNS, 2023.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner have assaulted to the father of

                   the informant resulting into his death.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.81334 of 2025(3) dt.31-01-2026
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          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. From perusal of the F.I.R it

          appears that the informant is not the eye witness of the alleged

          occurrence. As per the allegation, the informant has stated that

          Rakesh Choudhary and Vikas Choudhary have assaulted the

          informant's father and Vikas Choudhary assaulted on his chest

          but the postmortem report does not supports the allegation as

          alleged in the F.I.R. The postmortem report reveals the

          following injuries :-

                      (i) Lacerated wound left eyebrow 0.5"x0.5"

                      (ii) Lacerated wound over right side of frontal bone 2"

          Length x.05" bone deep

                      (iii) Contusion over occipital 1.5"x0.5" approx (iv)

          Abrasion wound on left elbow joint.

                      Cause of death- severe hemorrhagic shock, CR failure

          ultimately leading to death, due to trauma with hard, blunt

          object within 24 hours."

                      5. Learned counsel for the petitioner further submits

          that the police after investigation submitted the charge sheet

          against the petitioner. The petitioner is in custody since

          19.08.2025.

                      6.    Learned       Additional       Public   Prosecutor   has
Patna High Court CR. MISC. No.81334 of 2025(3) dt.31-01-2026
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          vehemently opposed the prayer for bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the allegation as

          alleged does not supported by the medical evidence, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned CJM,

          Aurangabad in connection with Aurangabad (Muffasil) P.S.

          Case No. 149 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.81334 of 2025(3) dt.31-01-2026
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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