Patna High Court

Bhot Chaudhary @ Ranjan Chaudhary@ Bhotu Chaudhary @ Bhoth ChaudharyversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail.

Summary

The petitioner, Bhot Chaudhary, was arrested in connection with a murder case registered under Section 103(1) of the BNS, where the brother of an informant was killed and the body was found concealed in a hay house. The informant alleged that six persons, including the petitioner, assaulted the deceased with lathis and rods, but the body was discovered by individuals who had entered the hay house to shelter from rain, casting doubt on the informant’s eyewitness status. The petitioner’s counsel argued that the allegations were vague, based merely on suspicion, and that the petitioner had no prior criminal record, having been in judicial custody since 25‑08‑2025. The State opposed the grant of regular bail. After considering the lack of direct eyewitness testimony, the general nature of the accusations, and the petitioner’s clean antecedents, the court decided to enlarge bail. Consequently, the petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail under Section 103(1) of the BNS given the nature of the allegations and lack of eyewitness testimony.

Subjects

regular bail
Section 103(1)
BNS
murder case
eyewitness
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8443 of 2026
                     Arising Out of PS. Case No.-331 Year-2025 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Bhot Chaudhary @ Ranjan Chaudhary@ Bhotu Chaudhary @ Bhoth
                 Chaudhary S/o Ramanand Chaudhary@ Rama Chaudhary R/o Village- Pirkha
                 Saray, Police Station- Khizersarai, District- Gaya        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 103(1) of the

                   BNS.

                                3. The case of the prosecution, in short, is that the

                   brother of the informant was killed by some unknown persons

                   and his dead body was concealed in hay house. When certain

                   persons entered there to hide from rain, they found the dead

                   body of the deceased and informed the informant. The

                   informant has named altogether six persons and has alleged that

                   they have assaulted with lathi, danda, rod.

                                4. Learned counsel for the petitioner submits that

                   from perusal of the FIR itself it is clear that the dead body of the

                   deceased was found in a hay house and the persons who have
            Patna High Court CR. MISC. No.8443 of 2026(2) dt.12-02-2026
                                                        2/2




                      gone there to hide themselves from rain have disclosed that the

                      dead body of the deceased was there. It has further been

                      submitted that this fact goes to show that the informant is not

                      the eye-witness, moreover, it has been submitted that nature of

                      allegation is general and omnibus and it is only based on

                      suspicion. Learned counsel for the petitioner has further

                      submitted that the petitioner is having no criminal antecedent

                      and he is languishing in judicial custody since 25.08.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Khizersarai P.S. Case No. 331 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Judicial Magistrate

                      First Class, Gayaji.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…