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Patna High Court

Munna ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to stringent conditions.

Summary

Munna Chauhan and his wife Pratima Devi, who are in custody, applied for bail in a case (Kateya P.S. Case No. 354 of 2024) alleging they assaulted and caused the death of an informant's mother, offences charged under Sections 126(2), 115(2), 103(1) and 3(5) of the B.N.S. The prosecution claims the accused, along with two others, attacked the victim twice, leading to her death, while the defence argues the allegations are false, no weapon was used, the post‑mortem shows only minor injuries, and the FIR was lodged after the death with no eyewitness testimony. The court examined the lack of corroborative evidence, the clean antecedent of one accused, and the procedural delays, and concluded that bail could be granted with strict conditions. The bail order requires a bond of Rs.10,000 with two sureties, presence in court on trial dates, and provisions for cancellation if conditions are breached. The order emphasizes that any observations made herein will not affect the trial.

Issues considered

  • Whether the evidence on record justifies denial of bail in a murder‑related case
  • Whether the accused are likely to flee or tamper with evidence
  • Whether the procedural delay in filing the FIR and lack of eyewitness testimony affect bail eligibility

Legislation cited

  • B.N.S. — s. 103(1), 115(2), 126(2), 3(5)

Subjects

  • bail
  • murder
  • assault
  • false implication
  • criminal procedure
  • B.N.S.
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91995 of 2025
                      Arising Out of PS. Case No.-354 Year-2024 Thana- KATEYA District- Gopalganj
                 ======================================================
           1.     Munna Chauhan S/O Gorakh Chauhan R/O Village- Koisa Khurda, P.S.-
                  Kateya, District- Gopalganj
           2.    Pratima Devi @ Pratibha Devi W/O Munna Chauhan R/O Village- Koisa
                 Khurda, P.S.- Kateya, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   11-02-2026                    Heard the learned counsel appearing on behalf of

                   the petitioners and the learned A.P.P. for the State.

                                2. Petitioners, who are in custody, seek bail in

                   connection with Kateya P.S. Case No. 354 of 2024

                   registered for the offences punishable under Sections

                   126(2), 115(2), 103(1) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the allegation

                   against the petitioners is that they, along with two other

                   named accused persons, without any reason started

                   assaulting the mother of the informant due to which she

                   sustained head injury and the informant hurriedly took her

                   to the primary health centre for treatment. It is further
Patna High Court CR. MISC. No.91995 of 2025(3) dt.11-02-2026
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          alleged that again on the same day in the evening at around

          5:00 P.M., all the four persons again came and started

          assaulting his mother due to which she died at the spot.

                       4. Learned counsel for the petitioners submits that

          the petitioners are falsely being implicated in the present

          case and no such incident as alleged has occurred. He

          further submits that from the perusal of the FIR, it would be

          evident that no means of arms are being stated to be carried

          by the four persons by which they had assaulted the mother

          of the informant. It has further been submitted that though

          the informant has stated that the mother of the informant

          was taken to a government primary health centre after the

          first assault, however, nothing has been brought on record

          during the course of investigation to show that the mother

          of the informant has received any injury and she was treated

          at the government primary health centre. It has next been

          submitted that from the perusal of the postmortem report, it

          would be evident that only two injuries were found, one on

          the thigh of the deceased while the other on the scalp of the

          deceased which is said to be the cause of the death. Learned

          counsel for the petitioner further submits that as per the
Patna High Court CR. MISC. No.91995 of 2025(3) dt.11-02-2026
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          FIR, it is also evident that there was no motive of such

          assault and prima facie it seems that the informant himself

          was not an eyewitness and only on suspicion the name of

          the petitioners have been given in the present case. It has

          also been submitted that though the death of the mother of

          the informant occurred in the evening of 12.09.2024 and the

          post-mortem was also done on the same day at 9:00 P.M.,

          still no fardbeyan was recorded by the police on 12.09.2024

          and 13.09.2024 and as an afterthought, the petitioners have

          been implicated in this case when the FIR was lodged on

          14.09.2024. It has lastly been submitted that the petitioner

          no. 1 has clean antecedent while petitioner no. 2 is accused

          in one another case and they both are in custody since

          07.10.2024.

                       5. Learned APP for the State has vehemently

          opposed the prayer for bail and has submitted that the

          petitioners are the named accused persons and the mother of

          the informant is said to have died due to such assault

          inflicted by them.

                       6. Considering the aforesaid submissions and

          taking into account the facts and circumstances of the case,
Patna High Court CR. MISC. No.91995 of 2025(3) dt.11-02-2026
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          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) each

          with two sureties of the like amount each to the satisfaction

          of    the     learned       court       below        where   the   case   is

          pending/successor court in connection Kateya P.S. Case No.

          354 of 2024, subject to the following conditions:-

                       (i) One of the bailors of the petitioners shall be

          their close relative and the other shall be local resident.

                       (ii) The petitioners shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioners will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioners are found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of their bail bond.

                       (v) The learned Court below shall verify the

          criminal antecedent of the petitioners and in case at any

          stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for
           Patna High Court CR. MISC. No.91995 of 2025(3) dt.11-02-2026
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                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned

                     order shall not be delayed for purpose of or in the name of

                     verification.

                                  7. Accordingly, the prayer for bail is allowed.

                                  8. It is made clear that the observation, if any,

                     made in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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