Patna High Court
Mithlesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected.
Summary
Mithlesh Chaudhary applied for regular bail in a case registered under sections 302, 147, 148 and 149 of the Indian Penal Code, alleging that he was falsely implicated in the murder of an informant's son. The prosecution alleges that the petitioner, along with others, assaulted the victim with a sword, an allegation supported by the post‑mortem report. The petitioner contended that three co‑accused had been acquitted, he had been in custody only since 29 July 2025, and he was willing to cooperate with the investigation. The State opposed bail, emphasizing the direct allegation against the petitioner and the forensic evidence. The Court, noting the seriousness of the charges, the post‑mortem findings, and the petitioner’s prior five‑year abscondence, declined to grant bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the evidence against him
- Whether the petitioner’s prior abscondence and the post‑mortem report justify denial of bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302
Subjects
- bail
- Indian Penal Code
- murder
- assault
- false implication
- post‑mortem report
- abscondence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89122 of 2025
Arising Out of PS. Case No.-192 Year-2020 Thana- NARDIGANJ District- Nawada
======================================================
Mithlesh Chaudhary Son of Late Dulli Chaudhary Resident of Village-
Bhadaur, P.S.- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sonam Kumari, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nardiganj P.S.Case no.
192 of 2020 registered under sections 302, 147,148 and 149 of
the Indian Penal Code.
3. As per the prosecution case, the ten named accused
persons including the petitioner herein are said to have assaulted
with iron rod, sword, lathi, etc. leading to the death of the
informant's son. The petitioner and one another are said to have
assaulted with a sword.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Three persons
have been acquitted in the learned trial Court. The petitioner is
in custody since 29.7.2025 and investigation in the case is
Patna High Court CR. MISC. No.89122 of 2025(3) dt.24-02-2026
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complete. He undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State who submits that the petitioner is named in the
FIR, there is direct allegation against him of having struck the
informant's son with a sword and the allegations are supported
by the contents of the postmortem report.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the contents of the postmortem report and the petitioner
having absconded for about 5 years before being taken into
custody on 29.7.2025, the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Bibhash
U T
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