Patna High Court
Rupesh Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court ordered the release of the petitioner on bail, subject to a bond and conditions, exercising its discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Rupesh Kumar Chaudhary, was arrested in a case registered under Sections 126(2), 115(2), 109, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting members of the informant's family, resulting in one grievous and several simple injuries. The petitioner contended that he was falsely implicated, that the dispute stemmed from a family quarrel between him and the informant (who are chacha‑bhatija), and that he would cooperate with the investigation. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The Court, after considering the familial relationship, the nature of injuries, and the petitioner’s willingness to cooperate, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail may be cancelled if the petitioner fails to cooperate, tampers with evidence or witnesses, or commits another offence.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and his prior criminal antecedent
- Whether the familial dispute and the nature of injuries justify the exercise of discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- bail
- assault
- family dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 126
- Section 115
- Section 109
- Section 118
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10641 of 2026
Arising Out of PS. Case No.-949 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Rupesh Kumar Chaudhary Son of Hira Lal Chaudhary R/o Mohalla -
Bhagwanpur Chowk, P.S. - Sadar, Dist. Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Sanjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 22-04-2026 Heard learned counsel for the parties and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 109, 118(1) and 3(5)
of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., it is alleged that the petitioner
and his wife assaulted the family members of the informant due
to which they sustained injuries.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
petitioner and informant are chacha-bhatija and due to family
dispute, altercation took place between the parties. The
informant side were the aggressor and both the parties have
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sustained injuries in the said occurrence. There is case and
counter case between the parties. Except one injury which is
grievous in nature to the injured Rajesh Kumar Chaudhary,
other injured have sustained simple injuries. Petitioner has got
one criminal antecedent in which he is on bail. Petitioner
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and the
fact that petitioner and informant are chacha-bhatija and due to
family dispute, occurrence took place in which both sides got
injured, let the above named petitioner be released on bail, in
the event of arrest or surrender before the learned court below
within a period of six 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 Chief Judicial
Magistrate, Muzaffarpur in connection with Sadar P.S. Case No.
949 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with
further conditions:-
(i) Petitioner shall co-operate in the investigation and
Patna High Court CR. MISC. No.10641 of 2026(4) dt.22-04-2026
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trial and on non-cooperation of petitioner during
investigation/trial, the Court concerned is at liberty to cancel his
bail bond.
(ii) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner.
(iii) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bond.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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