← Library
Patna High CourtCR. MISC./59769/2025bail rejected

Chandeshwari Mehta v. The State Of Bihar

2025-09-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59769 of 2025 Arising Out of PS. Case No.-273 Year-2023 Thana- JADIA District- Supaul ====================================================== Chandeshwari Mehta S/o Late Hiya Lal Mehta R/o Village- Fulkaha, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard Mr. Prafull Chandra Thakur, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Jadia P.S. Case No. 273 of 2023, instituted for the offences punishable under Sections 147, 148, 149, 302, 354, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that when the informant was coming with her husband, the petitioner along with other co-accused persons assaulted her husband by means of lathi, fatta and iron rod, leading to his death.

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.59769 of 2025(3) dt.26-09-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner is 66 years old person. It is next submitted that from perusal of the post-mortem report, it appears that the husband of the informant died due to heart attack and no external injury was found on the body of the deceased, which falsifies the prosecution version. The petitioner is in custody since 16.02.2025 and has got one criminal antecedent in which he is on bail. Learned counsel for the petitioners further submits that other co-accused have been granted regular bail by this Court vide order dated 31.07.2024 passed in Cr. Misc. No. 37735 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation of holding hands of the deceased against the petitioner. It is further submitted that regular bail of other co-accused persons have been rejected by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 64945 of 2024 and, therefore, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.59769 of 2025(3) dt.26-09-2025 3/3

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of four months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T