Doma Choudhary @ Rajesh Choudhary @ Doman Chaudhari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Doma Choudhary @ Rajesh Choudhary @ Doman Chaudhari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bond of Rs. 30,000/- (Section 2(1)(d), B.N.S.S., 2023) to the satisfaction of District & Additional Sessions Judge-VIII, Katihar, in connection with Sessions Trial No. 304 of 2024 arising out of Amdabad P.S. Case No. 168 of 2023, subject to conditions under Section 480(3) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner is entitled to regular bail in Sessions Trial No. 304 of 2024 (arising out of Amdabad P.S. Case No. 168 of 2023) on renewal of his bail prayer, given that more than one year has passed since framing of charge without examination of any witness, he is in custody since 19.01.2024, and co-accused have been granted regular bail by this Court.

Court's answer

The petitioner is granted bail on furnishing bail bond of Rs. 30,000/- as mentioned in Section 2(1)(d) of the B.N.S.S., 2023, to the satisfaction of District & Additional Sessions Judge-VIII, Katihar, in connection with Sessions Trial No. 304 of 2024 arising out of Amdabad P.S. Case No. 168 of 2023, subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023.

Ratio / Principle

The grant of bail rests on the circumstance that more than one year has passed since framing of charge (19.06.2024) without a single witness being examined.

Key takeaways

Parity with co-accused, who were granted regular bail by this Court vide orders dated 17.02.2024, 10.05.2024 & 31.07.2024 in Cr. Misc. Nos. 7099 of 2024, 19321 of 2024 & 53968 of 2024, forms part of the factual basis for granting bail.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J) grants regular bail to the petitioner facing trial in Sessions Trial No. 304 of 2024 arising out of Amdabad P.S. Case No. 168 of 2023 (District Katihar) for offences under Sections 147, 148, 149, 341, 323, 307, 302 & 504 of the Indian Penal Code. His earlier bail application had been rejected vide order dated 20.03.2024 in Cr. Misc. No. 21661 of 2024 with liberty to renew the prayer nine months after framing of charge; charge was framed on 19.06.2024, more than one year elapsed without a single witness being examined, the petitioner remained in custody since 19.01.2024 with clean antecedents, and co-accused had been granted regular bail by this Court vide orders dated 17.02.2024, 10.05.2024 & 31.07.2024 in Cr. Misc. Nos. 7099 of 2024, 19321 of 2024 & 53968 of 2024. Bail granted on furnishing bail bond of Rs. 30,000/- (Section 2(1)(d), B.N.S.S., 2023) before the District & Additional Sessions Judge-VIII, Katihar, subject to conditions under Section 480(3) of the B.N.S.S., 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21947 of 2025

Arising Out of PS. Case No.-168 Year-2023 Thana- AMDABAD District- Katihar

======================================================

Doma Choudhary @ Rajesh Choudhary @ Doman Chaudhari S/O Late Ramji Choudhary Resident of Village- Kasba Tola, Gadai Diyara, Ward No. 11, P.S.Amdabad, District- Katihar

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 01-08-2025

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

The petitioner seeks regular bail in connection with Sessions Trial No.304 of 2024 arising out of Amdabad P.S. Case No. 168 of 2023 lodged on 01.07.2023, for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 & 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 20.03.2024 passed in Cr. Misc. No. 21661 of 2024 with liberty granted to the petitioner to renew his prayer for bail nine months after framing of charge. Counsel submits that charge has already framed in this case on 19.06.2024 and more

Patna High Court CR. MISC. No.21947 of 2025(3) dt.01-08-2025 2/3

than one year has passed since framing of charge. But, even then, not a single witness has been examined in this case. Counsel further submits that the petitioner is in custody since 19.01.2024, having clean antecedent.

Learned APP for the State opposes the prayer for bail of the petitioner but submits that in the earlier rejection order, liberty was granted to the petitioner to renew his prayer for bail nine months after framing of charge. And now, more than one year has passed since framing of charge.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that it is at the instance of the accused that none of the witnesses could go to court, and they forcefully prevented the witnesses from being examined.

Upon the specific query of the Court regarding whether the informant’s side has filed any application before any authority under the witness protection scheme, counsel for the informant remained silent and only submits that the informant’s side are poor.

Upon perusal of the records, it transpires to this Court that other accused persons have been granted regular bail by this Court vide orders dated 17.02.2024, 10.05.2024 & 31.07.2024 passed in Cr. Misc. Nos. 7099 of 2024, 19321 of

Patna High Court CR. MISC. No.21947 of 2025(3) dt.01-08-2025 3/3

2024 & 53968 of 2024 respectively (annexed as Annexure-P/3 series of the bail application).

As such, in the present facts and circumstances of this case, let the above named petitioner be granted bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S. , 2023 to the satisfaction of District & Additional Sessions Judge-VIII, Katihar, in connection with Sessions Trial No.304 of 2024 arising out of Amdabad P.S. Case No. 168 of 2023, subject to the conditions as laid down U/s 480(3) of the B.N.S.S. , 2023.

(Dr. Anshuman, J)

Divyansh/-

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