Horil Choudhary Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Horil Choudhary Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner Horil Choudhary to be released on bail in connection with Banka P.S. Case No. 247 of 2019 on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Banka, subject to the conditions under Section 438(2) CrPC read with corresponding Section 482(2) BNSS and the Court's additional conditions (both bailors local residents with one an immediate relative; full cooperation in trial and presence on every trial date; prosecution free to move for cancellation of bail bond if the petitioner is absent on two consecutive dates).

Issue for consideration

Whether Horil Choudhary, in jail in connection with Banka P.S. Case No. 247 of 2019 for offences under Sections 302/34 of the IPC (and in custody since 08.07.2024), should be released on bail.

Court's answer

Grant of bail rested on parity: taking into account that the petitioner's case stands on similar footing to that of co-accused Sudama Choudhary and Kartik Choudhary, the petitioner was directed to be released on bail.

Ratio / Principle

The petitioner is to be released on bail upon furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Banka.

Key takeaways

The release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of the BNSS, as well as further conditions imposed by the Court.ratio¶6
Condition imposed: both bailors of the petitioner shall be local residents, and one of the bailors shall be an immediate relative of the petitioner.ratio¶6
Condition imposed: the petitioner shall fully cooperate in the trial of the case and shall be present on each and every date of the trial.

Detailed headnote1 paragraphs

Patna High Court — Criminal Miscellaneous No. 84007 of 2024 — oral order dated 15-04-2025 (Sourendra Pandey, J): Bail granted to Horil Choudhary, in custody since 08.07.2024 in connection with Banka P.S. Case No. 247 of 2019 registered under Sections 302/34 IPC (alleged murder of the informant's father by the petitioner together with co-accused Sudama Choudhary and Kartik Choudhary, all variously armed). Deciding factor was parity with the two named co-accused, who had already been admitted to regular bail by this Court (Cr. Misc. Nos. 30766 of 2020 and 13180 of 2020, orders dated 04.12.2020 and 07.09.2020). Bail fixed at Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M., Banka, subject to Section 438(2) CrPC read with Section 482(2) BNSS and additional conditions: both bailors local residents with one an immediate relative; full cooperation in and presence at every trial date; prosecution at liberty to seek cancellation of bail bond on absence for two consecutive dates. The APP's objections (specific allegation of participation in the killing; anticipatory bail rejected in 2021 and subsequent evasion) were recorded but did not prevent the grant.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84007 of 2024

Arising Out of PS. Case No.-247 Year-2019 Thana- BANKA District- Banka

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

Horil Choudhary S/o- Mehilal Choudhary R/o- Mirzapur Chaugori PsBarahat District- Banka

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satyaveer Jha, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

4 15-04-2025

Heard Mr. Yogesh Chandra Verma, learned Senior

Counsel for the petitioner and Mrs. Pushpa Sinha, learned APP for the State.

The petitioner is in jail in connection with Banka P.S. Case No. 247 of 2019 for offences under Sections 302/34 of the IPC.

As per the prosecution, the petitioner along with two namely, Sudama Choudhary and Kartik Chaodhary all variously armed, caught hold of the father of the informant and the informant himself fled at sub distance and later he heard the sound of gun shots and when he came back he saw his father dead.

Learned Senior Counsel has submitted that the petitioner is innocent and he has falsely been implicated in the present case. The informant is not an eye-witness of the case as

Patna High Court CR. MISC. No.84007 of 2024(4) dt.15-04-2025 2/3

he has himself admitted that he had fled from the place of occurrence. The learned Senior Counsel has stated that the two named co-accused persons Sudama Choudhary and Kartik Choudhary have been granted regular bail by this Hon’ble Court vide Cr. Misc. No. 30766 of 2020 and 13180 of 2020 by order dated 04.12.2020 and 07.09.2020 respectively. Lastly the learned Senior Counsel has submitted that the petitioner is in custody since 08.07.2024.

The learned APP for the State has opposed the prayer for bail and has contended that there is specific allegation upon the petitioner and two other Sudama Choudhary and Kartik Choudhary who have killed the father of the informant. The learned APP further submits that this case is of 2019 and the petitioners anticipatory bail was rejected in the year 2021and thereafter he had been evading and hence he does not deserve the liberty of bail.

Considering the facts and circumstances and taking into account the fact that the petitioner case stand on similar footing to that of Sudama Choudhary and Kartik Choudhary let the petitioner be released on bail furnishing bail bond of 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.84007 of 2024(4) dt.15-04-2025 3/3

Banka in connection with Banka P.S. Case No. 247 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of the BNSS as well as subject to the following conditions:-

(i) Both the bailors of the petitioner should be the local resident and one of the bailor should be immediate relative of the petitioner.

(ii) The Petitioner shall fully co-operate before trial of the case and shall be present on each and every date of the trial.

(iii) The petitioner if absence himself on two consecutive date then the prosecution shall be at liberty to move for cancellation of his bail bond.

(Sourendra Pandey, J)

Raj Ranjan/- U T