Patna High Court

Prashant Choudhary @ Prashant KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted and dismissed the petitioner's bail application.

Summary

The petitioner, Prashant Choudhary, was arrested in connection with a theft alleged to have taken place at the deceased's residence. The prosecution alleges that after the theft, the deceased visited the petitioner's house where the petitioner's family assaulted him, resulting in fatal head injuries. The petitioner applied for bail, contending that the evidence did not warrant continued detention. The court examined the seriousness of the alleged offenses under Sections 103(1) and 3(5) of the BNS, 2023 and the fact that the deceased had died from injuries allegedly caused by the petitioner’s family. Considering the gravity of the charges and the risk of tampering with evidence, the court was not inclined to grant bail. Consequently, the bail application was dismissed, and the petitioner remains in custody.

Issues considered

Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the BNS, 2023 in view of the alleged theft and homicide.

Legislation cited

BNS, 2023 — s. 103(1), 3(5)

Subjects

bail
theft
homicide
assault
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88465 of 2025
                  Arising Out of PS. Case No.-13 Year-2025 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
                 Prashant Choudhary @ Prashant Kumar S/o Suresh Choudhary R/o -
                 Nauwagarhi, P.S - Naya Ram Nagar, District - Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjiv Kumar Singh
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Naya Ram Nagar P.S. Case No. 13 of 2025 registered for the

                   offence Sections 103(1), 3(5) of the BNS, 2023.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have committed theft and when the deceased, in

                   whose house, the theft was committed, went to the house of the

                   petitioner, the entire family of the petitioner are said to have

                   assaulted the deceased and because of the same, he died.

                                   4. The petitioner is in custody since 24.02.2025

                   and from the post-mortem report, it appears that the deceased

                   has sustained head injury.

                                   5. Considering the aforesaid facts, this Court is not
          Patna High Court CR. MISC. No.88465 of 2025(4) dt.24-03-2026
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                    inclined to grant bail to the petitioner.

                                    6. Accordingly, this application stands dismissed.



                                                            (Sandeep Kumar, J)
Vikas/-

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