Patna High Court
Vikash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
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
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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
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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
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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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