Patna High Court
Akash ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner upon furnishing a bond of Rs 10,000 with two sureties.
Summary
Akash Choudhary was arrested in connection with a case alleging that he and a co‑accused assaulted an informant and stole Rs 5,000. The prosecution alleged that the co‑accused Rahul Kumar struck the informant with a brick, while the petitioner denied any involvement in the assault and claimed he was falsely implicated. The petitioner had been in custody since 21 September 2025, had no prior criminal record, and the charge‑sheet had been filed. The State opposed bail, but the court, after considering the facts and submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Khatim Reza of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 115(2), 109, 303(1) and 303(3)(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences and the petitioner’s lack of antecedents justify the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(1), 303(3)(5)
Subjects
- bail
- criminal procedure
- assault
- theft
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92073 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- SANJHOLI District- Rohtas
======================================================
Akash Choudhary, son of Shambhu Choudhary, R/o Village- Udaipur, Ps-
Sanjhauli, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Din Bandhu Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Sanjhauli
P.S. Case No. 188 of 2025 dated 20.09.2025, instituted for the
offence punishable under Sections 126(2), 115(2), 109, 303(1),
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the petitioner and one co-accused assaulted the
informant and snatched Rs. 5,000/-. It is alleged that co-accused
Rahul Kumar assaulted on the head of the informant by means of
brick.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that there is no
Patna High Court CR. MISC. No.92073 of 2025(2) dt.15-01-2026
2/2
allegation of assault by the petitioner rather the specific allegation
of assault is against co-accused Rahul Kumar that he assaulted on
the head of the informant by means of brick. Lastly, it has been
submitted that the petitioner is in custody since 21.09.2025 having
no criminal antecedents. Charge-sheet has been submitted in the
case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Judicial Magistrate, 1 st Class,
Bikramganj, in Sanjhauli P.S. Case No. 188 of 2025.
(Khatim Reza, J)
premchand/-
U T
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