Patna High Court
Santosh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Santosh Chaudhary, who has been in custody since 21 May 2025, applied for bail in connection with a case involving alleged murder of an informant's sister. The prosecution alleges that Chaudhary, along with co‑accused, committed the killing, citing medical and post‑mortem evidence that shows four external injuries and physical abuse by the accused. The petitioner contended he has a clean record and was implicated merely because he is the deceased's husband, claiming the FIR is fabricated. The court examined the specific allegations and the supporting forensic evidence, finding them sufficient to warrant continued detention. Consequently, the court refused the bail application.
Issues considered
- Whether bail should be granted to the petitioner in light of the seriousness of the offences and the medical evidence linking him to the homicide
Legislation cited
Subjects
- bail
- criminal procedure
- medical evidence
- postmortem
- homicide
- Arms Act
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82202 of 2025
Arising Out of PS. Case No.-812 Year-2024 Thana- FATEHPUR District- Gaya
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Santosh Chaudhary S/o Late Binda Chaudhary R/o - Guljar Bigha, P.S -
Fatehpur, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tilak Sao, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Tilak Sao, learned counsel for the
petitioner and Mr. Rajendra Nath Jha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2025 in connection with Fatehpur P.S. Case No. 812 of
2024, F.I.R. dated 22.12.2024 for the offences punishable under
Sections 103(1) and 3(5) of the BNS, 2023 and Section 27 of
the Arms Act.
3. According to prosecution case, this petitioner along
with other accused persons have killed the sister of the
informant.
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
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.82202 of 2025(3) dt.27-01-2026
2/2
any offence as alleged in the F.I.R. He has been made accused
merely on the ground that he is husband of the deceased.
5. Learned Additional Public Prosecutor on the basis
of material available on record as well as case diary has
vehemently opposed the prayer for bail of the petitioner and
submits that the allegation as alleged in the F.I.R is supported by
the medical evidence and apart from that the postmortem report
reveals that the deceased was physically abused by the
petitioner and other accused persons. It also appears from the
postmortem report that 4 external injuries were found on the
person of the deceased and the cause of death was supported by
the allegation as alleged in the F.I.R.
6. Considering the aforesaid facts and circumstances
that there is direct and specific allegation supported by the
medical evidence, I am not inclined to enlarge the petitioner on
bail in connection with Fatehpur P.S. Case No. 812 of 2024
pending in the court of learned CJM, Gaya.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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