Indrasan Chaudhary @ Indrasan Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22349 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Indrasan Chaudhary @ Indrasan Chaudhari Son of Late Atibal Chaudhary @ Late Atibal Chaudhari VILLAGE- BAGAHI RATANPUR WARD NO.3, POLICE STATION-BAIRIYA DISTRICT-WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 351 of 2024, instituted for the offences punishable under Sections 103(1), 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner along with other co-accused person has committed murder of informant's son by administering poison to him due to previous enmity.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.22349 of 2025(3) dt.24-07-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of four days in lodging the FIR. It is further submitted that the witnesses have also stated that the deceased has committed suicide by consuming poison and the petitioner and other co-accused person have not played any role in the said occurrence. No specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner is in custody since 17.01.2025 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 05.05.2025 passed in Cr. Misc. No. 22781 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.22349 of 2025(3) dt.24-07-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairiya P.S. Case No. 351 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T