Santosh Chaudhary @ Santosh Pasi @ Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13584 of 2026 Arising Out of PS. Case No.-271 Year-2025 Thana- DHANAHA District- West Champaran ====================================================== 1.
Santosh Chaudhary @ Santosh Pasi @ Chaudhary S/O Dora Pasi R/O Nuaka Tola Daunaha, P.s.- Dhanaha, Dist.- West Champaran. 2.
Ramashish Pasi @ Chaudhary S/O Dora Pasi R/O Nuaka Tola Daunaha, P.s.- Dhanaha, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126 92), 115 (2), 103 (1), 352 and 3 (5) of the BNS.
3. The case of the prosecution is that the petitioner along with others came to the house of the informant in her absence. It is further alleged that the accused persons started abusing and assaulting the 20 years old daughter of the informant. It is specifically alleged that the Dheri @ Chotelal Pasi and Nirmala Devi strangulated the daughter of the informant with a scarf leading to her death.
Patna High Court CR. MISC. No.13584 of 2026(2) dt.10-03-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it is clear that altogether eight persons have been named whereas the specific allegation of strangulation is only against two persons i.e. Dheri @ Chotelal Pasi and Nirmala Devi. It is further submitted that from perusal of the order passed by the learned Trial Court, it transpires that the learned trial Court has recorded that the cause of death is asphyxia due to strangulation, pressure on neck and upper part of the chest. It is further submitted that two petitioners, namely, Poonam Devi and Priyanka Devi having similar nature of allegation have already been granted anticipatory bail by a coordinate bench of this Court vide order dated 28.01.2026 passed in Cr. Misc. NO. 3755 of 2026 Moreover, the petitioners are languishing in judicial custody since 19.11.2025 and 13.01.2026 respectively.
5. Countering this, learned counsel for the informant has vehemently opposed the prayer for bail and submitted that it is not only the act of two persons named in the FIR. It is further submitted that as per the post mortem report, the cause of death is not only strangulation but also pressure on the neck and upper
Patna High Court CR. MISC. No.13584 of 2026(2) dt.10-03-2026 3/3 part of the chest. It is further submitted that it has been alleged in the FIR that all the accused persons had assaulted.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation against these petitioners is general and omnibus whereas specific allegation is against coaccused, namely, Dheri @ Chotelal Pasi and Nirmala Devi, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Dhanaha P.S. Case No. 271 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, West Champaran. (Ashok Kumar Pandey, J) Jagdish/- U R