Patna High Court
Rajendra Kumar Chaudhary@ Rajendra Choudhary @ Rajendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court allowed the bail application, directing release of the petitioners on bond.
Summary
The petitioners, accused under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act for the death of the informant’s father, applied for regular bail. The prosecution alleged that the deceased was assaulted by the accused, pushed from the roof of his house and died from the fall. The petitioners contended that independent witnesses and the post‑mortem report indicated the deceased was intoxicated, climbed the roof voluntarily and fell accidentally, with no weapon or direct assault by the accused. The State argued that the deceased was thrown from the roof, sustained multiple injuries and that the post‑mortem did not support intoxication. After hearing both sides, the High Court found the evidence insufficient to justify continued detention and ordered the petitioners released on bail with a bond of Rs 10,000 each.
Issues considered
- Whether the evidence shows that the accused directly caused the death of the deceased, justifying denial of bail
- Whether the petitioners are entitled to regular bail under the circumstances of the case
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- regular bail
- criminal miscellaneous
- Section 103
- Section 3
- Bihar Narcotic Substances Act
- intoxication
- death by fall
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88738 of 2025
Arising Out of PS. Case No.-277 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Rajendra Kumar Chaudhary@ Rajendra Choudhary @ Rajendra Kumar Son
of Late Ram Pratap Mandal @ Ram Pratap Mandar@ Ram Pratap
Choudhary Resident of village - Panchveer, Ward No.- 8, P.S.- Sahebpur
Kamal, District - Begusarai
2. Ritesh Kumar @ Chotu Kumar Son of Niranjan Choudhary Resident of
village - Panchveer, Ward No.- 8, P.S.- Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88581 of 2025
Arising Out of PS. Case No.-277 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Niranjan Choudhary S/o Late Ram Pratap Mandal @ Ram Pratap
Choudhary R/o Village - Panchveer, Ward no. 8, P.S - Sahebpur Kamal,
District - Begusarai
2. Nitish Kumar S/o Niranjan Choudhary R/o Village - Panchveer, Ward no. 8,
P.S - Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88738 of 2025)
For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 88581 of 2025)
For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 103(1)
Patna High Court CR. MISC. No.88738 of 2025(4) dt.27-02-2026
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and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that the
father of the informant was cleaning the surface on the occasion
of Jitiya Puja. Well was locked. He demanded key from
Rajendra Kumar Chaudhary. He denied to handover the key to
father of the informant. After that Rajendra Kumar Chaudhary
abused the father of the informant. When the father of the
informant objected the abusing, it is alleged that other names
accused persons arrived there and started assaulting the father of
the informant. The father of the informant went towards his
house. It is alleged that all the accused persons entered in the
house and started assaulting and when the father of the
informant climbed on the roof of the house to save himself, it is
alleged that all the accused persons pushed him due to which he
fell down from the roof and during course of treatment he died.
4. Learned counsel for the petitioners submits that
during course of investigation, some independent witnesses
have stated that the deceased was in habit of consuming
intoxicant and that on the date of the occurrence he himself has
climbed on the roof and has jumped from there. Learned
counsel for the petitioners has further submitted from perusal of
Paragraph ‘31’ of the case diary where one witness Julie Kumari
Patna High Court CR. MISC. No.88738 of 2025(4) dt.27-02-2026
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has stated that the deceased himself was abusing the accused
persons and her aunt has gone to have a dip in Ganga river.
After that a scuffle took place and her aunt has closed the
deceased in a room. After sometime, the deceased climbed on
the roof and fell down. After that he was rushed to Doctor
Mustafa. Dr. Mustafa referred him to Begusarai and from
Begusarai he was referred to Patna and died during course of
reaching to Patna.
5. Learned counsel for the petitioners has further
submitted that from perusal of the statement of the independent
witnesses it is clear that the deceased himself has climbed on the
roof and has fallen from there. It is further submitted that from
perusal of the FIR it is clear that no weapon of assault in alleged
and it is general and omnibus allegation that all the accused
persons have pushed the deceased down from the roof. Learned
counsel for the petitioners has submitted that from perusal of the
Post-mortem report also it will transpire that the Doctor
conducting autopsy of the deceased has opined that cause of
death “in my opinion is that death was due to neurogenic and
hypovolemic shock as a result of above mentioned injuries
caused by heavy, hard and blunt object.” So from the perusal
of the post-mortem report it is clear that death was due to falling
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from the roof. Now the question is who has thrown the deceased
from the roof. In this regard, learned counsel for the petitioner
has submitted that independent witnesses have categorically
stated that the victim himself has fallen from the roof as he has
consumed some intoxicant.
6. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that the deceased has gone to his house for saving himself and
the accused persons also went there and even they went on the
roof where the deceased has gone to save himself and he was
ultimately thrown from the roof. Learned APP has further stated
that the deceased has received multiple injuries and from
perusal of the order of the learned trial court it will also
transpire that in post-mortem report it was not found that the
deceased has consumed some intoxicant.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Sahebpur Kamal P.S. Case No. 277 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) each of them with two
sureties of the like amount each to the satisfaction of learned
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ACJM-IV, Begusarai.
8. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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