Patna High Court

Abhishek Chaudhary @ SishaversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner, finding no sufficient ground to deny bail.

Summary

The petitioner, Abhishek Chaudhary, sought regular bail in S. Tr. No. 377 of 2025 arising from a FIR registered under Sections 103(1) and 3(5) of the BNS for alleged assault (marpit) that resulted in the death of a minor. The petitioner argued that the FIR did not specify his individual role in the assault, that the incident was accidental arising from a scuffle at a marriage ceremony, and that he has no prior criminal record and has been in custody since May 2025. The State opposed bail, contending that the petitioner was one of the accused who participated in a brutal assault with lathi and danda leading to the victim's death. The Court noted the lack of specific allegation against the petitioner, his young age, clean antecedents, and the completion of investigation, and therefore found sufficient grounds to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to regular bail despite the FIR alleging participation in a fatal assault
Whether the lack of specific role attribution in the FIR and the petitioner's clean antecedent justify bail

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

bail
regular bail
criminal procedure
Sections 103(1)
Section 3(5)
BNS
FIR
investigation
minor victim
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89072 of 2025
                        Arising Out of PS. Case No.-187 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Abhishek Chaudhary @ Sisha S/o Dudhnath Chaudhary R/o Village- Jigna,
                 P.S- Dinara, Dist- Rohtash.
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                    Heard the parties.

                                 2. Petitioner seeks regular bail in connection with S. Tr.

                   No. 377 of 2025 arising out of Dinara P.S. Case No. 187 of 2025

                   registered for the offences punishable under Sections 103(1) and

                   3(5) of BNS.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the FIR itself goes to show that the alleged

                   incident of marpit was not intentional and the same is said to have

                   occurred on account of scuffling having taken place in between the

                   attendees of the marriage ceremony when they were dancing and

                   in the FIR, nine persons including the petitioner have been made

                   accused but any specific role of this petitioner in assaulting the

                   informant’s minor son who later succumbed to his injuries has not

                   been revealed. It is further submitted that petitioner bears no

                   criminal antecedent and has been languishing in jail since
           Patna High Court CR. MISC. No.89072 of 2025(2) dt.12-01-2026
                                                       2/2




                     14.05.2025 and he is a young person and against him, the

                     investigation has been completed.

                                  4. Learned APP for the State has opposed the prayer for

                     bail of the petitioner and submits that against the petitioner there is

                     serious allegation and one person lost his life on account of the

                     brutal marpit committed by the accused persons including this

                     petitioner with the victim by means of lathi and danda.

                                  5. Considering the genesis of the occurrence appearing

                     from the FIR and the fact that the FIR has been registered against

                     nine accused persons without specifying the specific role of the

                     petitioner in the commission of the alleged marpirt coupled with

                     the petitioner’s young age, fair and clean antecedent and his

                     custody period and also completion of investigation against him,

                     this Court is inclined to release the petitioner on bail. Accordingly,

                     let the petitioner named-above be released on bail on furnishing

                     bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the

                     concerned Court in connection with S. Tr. No. 377 of 2025 arising

                     out of Dinara P.S. Case No. 187 of 2025.



                                               (Shailendra Singh, J)
maynaz/-

U     T

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