Patna High Court
Chandan Choudhary @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for release.
Summary
The petitioners, Chandan and Kishan Chaudhary, were implicated in a FIR alleging assault with intent to kill arising from a land dispute with the informant. They contended that the incident was a mutual fight and that any injuries caused were in self‑defence without intent to kill. The State opposed their pre‑arrest bail, while the petitioners argued innocence and false implication. The Court examined the FIR, the relationship between the parties, and the claim of self‑defence, finding a prima facie case for bail. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail subject to bond and surety conditions, with verification of any prior criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail in a case involving alleged assault and intent to kill arising from a land dispute
- Whether the claim of self‑defence negates the seriousness of the charges under the cited sections
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 351(3), 352
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- assault
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10625 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- NOKHA District- Rohtas
======================================================
1. Chandan Choudhary @ Gautam Kumar, aged about 22 years, Gender, Male,
2. Kishan Chaudhary @ Krishna Kumar, aged about 26 years, Gender, Male
Both are Sons of Iswar Chaudhary
Both are Resident of Village- Amirtha (Abhirtha) Ps-kundra District Kaimur
In accused column i.e. column 7 of perform of the FIR Address of the
Petitioners village- Abhirtha, Ps- Baghel, Dist- Rohtas has been wrongly
mentioned actually village- Amirtha (Abhirtha) Lies under ps- Kundra, Dist-
Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Rabindra Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Anuj Kumar
Shrivastava, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Nokha P.S. Case No. 215/2025 registered for the offence(s)
punishable under Sections 191(2), 190, 126(2), 115(2), 109,
352, 351(2) and 351(3) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners have assaulted
the informant and her family members with an intention to kill,
causing injury to them.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10625 of 2026(2) dt.12-03-2026
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petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case due to land dispute.
Petitioners and informant are own Gotia. There is case and
counter case between the parties arising out of same incidence
and due to land dispute, an altercation took place and both the
sides entered into fierce fight and in the self-defence, petitioners
may have caused some injury on the persons of the informant
and her family members without intention.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and also the fact that petitioners and informant
are own Gotia and there is case and counter case between them
and due to land dispute, an altercation took place and both the
sides entered into fierce fight and in the self-defence, petitioners
may have caused some injury on the persons of the informant
and her family members without intention, I am of the opinion
that petitioners have, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.10625 of 2026(2) dt.12-03-2026
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surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-I, Rohtas at Sasaram / Concerned Court in
connection with Nokha P.S. Case No. 215/2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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