Shri Bhagwan Chaudhary @ Sribhagwan Chaudhary Vs The State… — Anticipatory Bail | Patna HC (2025)

Shri Bhagwan Chaudhary @ Sribhagwan Chaudhary Vs The State… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to petitioner nos. 1, 3 and 4 (release upon arrest or surrender within four weeks, on bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, subject to conditions under Section 438(2) Cr.P.C / 482(2) BNSS and verification of criminal antecedents); pre-arrest bail refused to petitioner no. 2 Kamal Chaudhary; the bail application stands disposed of.

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail in connection with Bhagwanpur Hat P.S. Case No. 479 of 2024, registered for offences under Sections 191(2), 190, 115(2), 118, 303(2), 109, 352 and 351(3) of the BNS, 2023. +1 more

Court's answer

Petitioner nos. 1, 3 and 4, whose alleged injuries to the informant's side were considered to have been caused in self defence without intention, are directed to be released on pre-arrest bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, subject to the conditions under Section 438(2) Cr.P.C / 482(2) BNSS.

Ratio / Principle

Pre-arrest bail is refused to petitioner no. 2 Kamal Chaudhary, considering the specific allegation against him of assaulting on the head of Pramod Kumar Chaudhary causing head injury.

Key takeaways

The grant of pre-arrest bail to petitioner nos. 1, 3 and 4 is made conditional: the District Court is directed to verify their criminal antecedents, and if they are found involved in other cases as stated in Para-3 of the bail petition, the order will automatically lose its force.ratio¶22

Detailed headnote1 paragraphs

Pre-arrest bail — Patna High Court, Purnendu Singh, J. — Crl. Misc. No. 34062 of 2025 arising out of Bhagwanpur Hat P.S. Case No. 479 of 2024, District Siwan, for offences under Sections 191(2), 190, 115(2), 118, 303(2), 109, 352 and 351(3) BNS, 2023 — allegation of assaulting the informant and his family members with rod, fasuli, pistol, tanga, dab, bhala, etc., causing injury — petitioners pleaded innocence, asserting a case and counter case and that any injury to the informant's side was caused in self defence without intention — bail granted to petitioner nos. 1, 3 and 4 (release on arrest or surrender within four weeks; bail bond Rs. 10,000/- each with two like sureties before CJM, Siwan; conditions of Section 438(2) Cr.P.C / 482(2) BNSS imposed) — pre-arrest bail refused to petitioner no. 2 Kamal Chaudhary owing to the specific allegation of assaulting Pramod Kumar Chaudhary on the head causing head injury — District Court directed to verify criminal antecedents of the beneficiaries; involvement in other cases as stated in Para-3 of the bail petition would render the order infructuous.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34062 of 2025

Arising Out of PS. Case No.-479 Year-2024 Thana- BHAGWANPUR HAT District- Siwan

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

Shri Bhagwan Chaudhary @ Sribhagwan Chaudhary S/o Jagarnath Chaudhary Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.sBhagwanpur Hat, Dist - Siwan

Kamal Chaudhary @ Kamal Kishor Chaudhary S/o Krishna Chaudhary @ Turi Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.s- Bhagwanpur Hat, Dist - Siwan

Sandeep Chaudhary @ Sandeep Kumar Chaudhary S/o Krishna Chaudhary @ Turi Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.sBhagwanpur Hat, Dist - Siwan

Amarjeet Chaudhary @ Amarjeet Kumar Chaudhary S/o Hira Chaudhary Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.s- Bhagwanpur Hat, Dist - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate. For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 10-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

The petitioners seek pre-arrest bail in connection with Bhagwanpur Hat P.S. Case No. 479 of 2024 registered for the offence punishable under Sections 191(2), 190, 115(2), 118, 303(2), 109, 352 and 351(3) of the BNS, 2023.

Allegation is of assaulting the informant and his family members by means of rod, fasuli, pistol, tanga, dab, bhala, etc, causing injury.

Patna High Court CR. MISC. No.34062 of 2025(3) dt.10-09-2025 2/3

Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. There is case and counter case between the parties. The petitioners might have caused some injury to the informant’s side in their self defence without intention.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the nature of allegation made against the petitioner nos. 1, 3 and 4 that they might have caused some injury to the informant’s side in their self defence without intention, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Bhagwanpur Hat P.S. Case No. 479 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

So far as petitioner no.2 Kamal Chaudhary is concerned, considering the specific allegation against him of assaulting on the head of Pramod Kumar Chaudhary causing

Patna High Court CR. MISC. No.34062 of 2025(3) dt.10-09-2025 3/3

head injury, I am not inclined to enlarge the petitioner no.2 on pre-arrest bail.

The District Court is directed to verify the criminal antecedent of the petitioners no. 1, 3 and 4 and if it is found that the petitioners no. 1, 3 and 4 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

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