Patna High Court
Sonu Chaudhary @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants.
Summary
The appellants, Sonu Chaudhary and Sunil Chaudhary, were charged under several sections of the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant with a knife and an iron fighter on 17 August 2025. The prosecution’s case relied on the informant’s claim that the accused intercepted him, used caste‑based slurs and inflicted injuries, while the defence argued that the FIR was lodged after an inordinate 14‑day delay, the injuries were minor, and the dispute was rooted in a pre‑existing land conflict. The State and the informant opposed the appellants’ prayer for anticipatory bail. The High Court, after considering the delay, the nature of the injuries, and the clean antecedents of the accused, set aside the lower court’s order rejecting bail and granted bail to the appellants subject to a bond of Rs.10,000 with two sureties. The order directs that the bail be effected within eight weeks of receipt of the order.
Issues considered
- Whether the delay of 14 days in lodging the FIR defeats the prosecution’s case under the SC/ST Act.
- Whether the nature and extent of alleged injuries justify denial of anticipatory bail.
- Whether the appellants’ clean antecedents and the alleged land‑dispute motive warrant grant of bail despite charges under the SC/ST Act.
Legislation cited
- B.N.S. — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v-a), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- delay in FIR
- caste based violence
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5089 of 2025
Arising Out of PS. Case No.-438 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Sonu Chaudhary @ Sonu Kumar Son of Goverdhan Chaudhary Resident of
Village - Tilangahi, P.S. - Bairiya, Distt. - West Champaran.
2. Sunil Chaudhary @ Sunil Kumar Son of Bunilal Chaudhary @ Bunilal @
Bhori Resident of Village - Tilangahi, P.S. - Bairiya, Distt. - West
Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sanjiv Kumar Son of Lalan Ram R/o Village - Nautan Khap Tola, Ward no.
10, P.S. - Nautan, Dist. - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Sanjeev Kumar Shrivastava, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : Mr. Deepak Kumar, Advocate
Ms. Kumari Akanksha Rai, Advocate
Mr. Sarvesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 18.11.2025 passed in a case registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 351(2), 352
and 3(5) of the B.N.S. and Sections 3(i)(r)(s) and 3(2)(v-a) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.5089 of 2025(4) dt.30-04-2026
2/4
Atrocities) Act, whereby the prayer for grant of anticipatory bail
of these appellants has been rejected.
3. The prosecution case, in brief, is that on
17.08.2025 at about 9:30 PM, when the informant was returning
from Tilhahi Chowk, in the meantime, all the F.I.R. named
accused persons, including this appellants, along with 5 to 6
unknown persons, intercepted him and abused him by caste
based slurs. It is further alleged that Appellant No. 1, namely
Sonu Chaudhary, assaulted informant with knife and Appellant
No. 2, namely Sunil Chaudhary, assaulted informant with iron
fighter.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, on account of
pre-existing land dispute, this false and concocted case has been
lodged. The present F.I.R. has been lodged after inordinate delay
of 14 days and there is no plausible explanation for the same,
which itself makes the entire prosecution case doubtful. Doctor
has found the injuries, allegedly caused by these appellants,
simple in nature. It is further submitted that it is not the case of
the prosecution that any member of public was present at the
place of occurrence and as such, no case under the Scheduled
Patna High Court CR. APP (SJ) No.5089 of 2025(4) dt.30-04-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act is
made out against these appellants. Appellants claim clean
antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
6. Considering the facts and circumstances of the
case, delay in lodging of the F.I.R., nature of injuries allegedly
caused by these appellants and clean antecedents of the
appellants, this appeal is allowed and the impugned order dated
18.11.2025 passed by the learned District and Additional
Sessions Judge 1st-cum-Special Judge, SC/ST, Bettiah, West
Champaran in connection with A.B.P. No. 2632 of 2025 arising
out of Nautan P.S. Case No. 438 of 2025 is hereby set aside with
respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge 1st-cum-Special
Patna High Court CR. APP (SJ) No.5089 of 2025(4) dt.30-04-2026
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Judge, SC/ST, Bettiah, West Champaran in connection with
Nautan P.S. Case No. 438 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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