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Patna High Court

Rajesh Chaudhari @ Ranjesh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rajesh Chaudhari, was arrested in connection with a homicide arising from a land‑dispute, alleged under IPC sections 302, 341, 323, 504, 506 and 34. The informant claimed that Chaudhari and his son struck the informant’s father with a bamboo stick, leading to the father’s death. Chaudhari contended that he was falsely implicated, had no prior criminal record, and pointed to a similar bail order granted to his son Rahul Kumar in a related case. The State opposed bail, but the court noted the single injury on the deceased, the existence of a prior bail order for the co‑accused, the petitioner’s long pre‑trial custody of over a year, and the filing of the charge‑sheet. Considering these factors, the court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional District and Sessions Judge.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and other offences under the IPC.

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC
  • murder
  • land dispute
  • false implication
  • pre‑trial detention
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.881 of 2026
                       Arising Out of PS. Case No.-568 Year-2023 Thana- MASAUDHI District- Patna
                 ======================================================
                 Rajesh Chaudhari @ Ranjesh Chaudhary S/o Late Aklu Chaudhary R/o
                 Village- Thalpura, P.S.- Masaurhi, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Anand, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 For the Informant        :       Mr. Satish Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                        1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Masaurhi P.S. Case

                   no.568 of 2023 (G.R. no.1203 of 2023) registered under

                   sections 302, 341, 323, 504, 506 and 34 of the Indian Penal

                   Code.

                                    3. As per the prosecution case, the informant states

                   that there was argument/altercation between his father and uncle

                   ie the petitioner herein as also his uncle’s son over a dispute

                   relating to a piece of land. It is further stated that Ranjesh

                   Chaudhary and Rahul Chaudhary struck the father of the

                   informant with a bamboo stick on his head leading to injuries.

                   His father died on 12.8.2023 in course of treatment.
Patna High Court CR. MISC. No.881 of 2026(2) dt.15-01-2026
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                         4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated as a result of land dispute

          which would be evident from the contents of the FIR itself. It is

          further submitted that the case of the petitioner stands on a

          similar footing to that of co-accused Rahul Kumar who happens

          to be the son of the petitioner herein and who has been granted

          bail vide order dated 23.7.2025 passed in Cr. Misc. no.18320 of

          2025. Referring to the order dated 23.7.2025, it is submitted that

          only one injury was found on the head of the deceased. The

          petitioner is in custody since 9.9.2024 and has no criminal

          antecedent. He undertakes to cooperate in the investigation/trial.

                      5. The application for bail is opposed by learned A.P.P.

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioner in

          the FIR, only one injury having been found on the head of the

          deceased, grant of bail to co-accused Rahul Kumar vide

          aforesaid order dated 23.7.2025, the petitioner having remained

          in custody for 1 year 4 months since 9.9.2024, chargesheet

          having been submitted in the case and the petitioner not having

          any criminal antecedent, the Court directs the petitioner to be

          enlarged on bail in connection with Masaurhi P.S. Case no.568
            Patna High Court CR. MISC. No.881 of 2026(2) dt.15-01-2026
                                                        3/3




                      of 2023 (G.R. no.1203 of 2023) on furnishing bail bond of

                      Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Additional District

                      and Sessions Judge II, Masaurhi, District Patna.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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