Created by Fuzzy Cloud

Patna High Court

Vijay ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to Vijay Chaudhary but granted to Vinod and Rohit Chaudhary subject to conditions.

Summary

The petitioners Vijay, Vinod and Rohit Chaudhary applied for anticipatory bail in connection with a 2024 police case alleging assault on an informant’s family under several sections of the Bihar Negotiable Sale Act. The prosecution alleged that Vijay caused grievous injury while Vinod and Rohit caused only simple injuries. The petitioners argued that the case was false, filed to settle personal scores, and that they have clean antecedents. The Additional Public Prosecutor opposed bail for Vijay, citing the seriousness of the injury, but admitted the injuries to the others were simple. The High Court denied anticipatory bail to Vijay, directing him to seek regular bail, but granted anticipatory bail to Vinod and Rohit subject to monetary and procedural conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to Vijay Chaudhary who is alleged to have caused grievous injury.
  • Whether anticipatory bail should be granted to Vinod and Rohit Chaudhary who are alleged to have caused simple injuries.
  • Whether the allegations constitute false implication warranting bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • simple injury
  • false implication
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10085 of 2026
                        Arising Out of PS. Case No.-251 Year-2024 Thana- Mehendiya District- Arwal
                 ======================================================
           1.     Vijay Chaudhary S/o Ruplal Chaudhary R/o Village - Sohasa, P.S -
                  Mehandiya, District - Arwal
           2.    Vinod Chaudhary S/o Satendra Chaudhary R/o Village - Sohasa, P.S -
                 Mehandiya, District - Arwal
           3.     Rohit Chaudhary S/o Satendra Chaudhary R/o Village - Sohasa, P.S -
                  Mehandiya, District - Arwal
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raju Kumar Singh, Adv.
                                                   Ms. Drishti Mohan, Adv.
                                                   Ms. Anju Kumari Sinha, Adv.
                 For the Opposite Party/s :        Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State through virtual mode.

                                 2. The petitioners apprehend their arrest in connection

                   with Mehandiya P.S. Case No. 251 of 2024 dated 26.12.2024

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 118(1), 109, 74, 352 and 3(5) of the B.N.S.

                                 3. As per the prosecution case, the allegations against

                   the petitioners are that they in connivance with others assaulted

                   the father of the informant, the informant along with one lady

                   and the mother of the informant.

                                 4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.10085 of 2026(3) dt.21-05-2026
                                            2/4




          though there is a specific allegation against the petitioner no. 1

          namely, Vinod Chaudhary who assaulted the father of the

          informant namely, Rajdev Chaudhary causing grievous injury as

          per the injury report. However, the allegations upon the

          petitioner nos. 2 and 3 namely, Vinod Chaudhary and Rohit

          Chaudhary respectively, they assaulted Chotte Lal and the

          informant himself but the injuries sustained by them were found

          to be simple in nature. It has further been submitted that entire

          family has been falsely implicated in this case only to settle

          personal scores. It has further been submitted that two lady

          accused persons have been granted bail by a Coordinate Bench

          of this Court and the said order has been brought on record by

          way of Annexure-P/2. It has lastly been submitted that the

          petitioners have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners and

          has stated that there is a specific allegation against the petitioner

          no. 1 namely, Vijay Chaudhary who assaulted Rajdev

          Chaudhary and he has admittedly received grievous injury and

          therefore, he does not deserve the privilege of anticipatory bail.

          Learned A.P.P. though has admitted the fact that the injuries

          sustained by the other injured persons were found to be simple
Patna High Court CR. MISC. No.10085 of 2026(3) dt.21-05-2026
                                            3/4




          in nature.

                       6. Considering the facts and circumstances of the case

          and the nature of allegation, I am not inclined to grant

          anticipatory bail to the petitioner no. 1 namely,             Vijay

          Chaudhary, and hence, the prayer for anticipatory bail of the

          petitioner no. 1, Vijay Chaudhary is rejected. The petitioner no. 1

          may approach before the learned Court below concerned and pray

          for regular bail and the learned Court below may consider the

          prayer for regular bail of the petitioner no. 1 on its own merits

          without being prejudiced by this order.

                       7. So far as the petitioner nos. 2 and 3 namely, Vinod

          Chaudhary and Rohit Chaudhary are concerned, they are

          directed to be released on anticipatory bail, in the event of arrest

          or surrender before the Court below within a period of four

          weeks from today, on furnishing bail-bonds of Rs. 10,000/-

          (Rupees Ten Thousand)each with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Mehandiya P.S. Case No. 251 of 2024, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of BNSS as

          well as subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the
           Patna High Court CR. MISC. No.10085 of 2026(3) dt.21-05-2026
                                                       4/4




                     petitioners.

                                  (ii) The petitioners shall remain physically present

                     before the concerned Court on each and every date of the trial

                     and shall cooperate in the investigation.

                                  (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bonds of the

                     petitioners will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioners and in case, at any stage, it is found that the

                     petitioners have concealed their criminal antecedents, the trial

                     court shall take necessary steps for cancellation of bail bonds of

                     the petitioners. However, the acceptance of bail bonds in terms

                     of the above mentioned order shall not be delayed for purpose

                     of or in the name of verification.

                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  9. The application stands allowed with respect to the

                     petitioner nos. 2 and 3 namely, Vinod Chaudhary and Rohit

                     Chaudhary.



                                              (Sourendra Pandey, J)
Gautam/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.