Siddhu Chauhan @ Sudhir Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4271 of 2026 Arising Out of PS. Case No.-523 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Siddhu Chauhan @ Sudhir Chauhan S/o Late Dukhi Chauhan R/o VillageNoniya Bigha, Dharampur, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 61, 238 of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have aided and facilitated the accused persons in causing the disappearance of the body of the deceased by disposing of the same near the river shore.

4. Learned counsel for the petitioner submits that it would be apparent from the First Information Report itself that a dead body had been recovered by the Chaukidar, who is the informant and Ashok Chauhan, Vicky Kumar, Kamlesh Kumar and Ranju Devi were made accused along with 8 to 10

Patna High Court CR. MISC. No.4271 of 2026(3) dt.25-02-2026 2/3 unknown persons. The petitioner was not named accused in the First Information Report, his name transpired during the course of investigation in the confessional statement of Kamlesh Kumar. It has been stated that it was actually co-accused Ashok Chauhan, who was fed up with his daughter fleeing from home time and again. The name of the petitioner transpired during the course of investigation in the statement of F.I.R. named accused, Kamlesh Kumar, whose statement was recorded and he has also admitted that it was his father Ashok Chauhan, who had killed his sister and his elder brother called some villagers including the petitioner for disposing of the dead body. As such, it is submitted that at best an offence under Section 238 of the B.N.S. would only be made applicable against the petitioner. Further, the petitioner is in custody since 12.10.2025 and charge-sheet has been submitted.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and considering the fact that the petitioner is not named in the First Information Report, coupled with the fact that the materials collected during the course of investigation

Patna High Court CR. MISC. No.4271 of 2026(3) dt.25-02-2026 3/3 also disclose that the allegations are confined to disposing off dead body, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st, Class-III, Nalanda, Biharsharif/concerned Court below in connection with Noorsarai P.S. Case No. 523 of 2025.

(Soni Shrivastava, J) anand/- U T