Patna High Court
Naresh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Naresh and Ashok Chaudhary, sought anticipatory bail after a FIR was lodged alleging they assaulted the brother‑in‑law of an informant, invoking several offences under the Bharatiya Nyaya Sanhita. The FIR was filed three days after the alleged incident and the medical report recorded only a single injury, raising doubts about the prosecution’s case. The petitioners asserted a clean antecedent and argued that the allegation was vague and unsupported by overt acts. The State opposed the bail application. Considering the nature of the accusation, the delay in filing the FIR and the petitioners’ clean record, the Court granted anticipatory bail subject to a bail bond of Rs 10,000 each, two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged assault, delay in filing the FIR, and the petitioners' clean antecedent
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- delay in FIR
- clean antecedent
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12312 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
1. Naresh Chaudhary S/O Shiv Chaudhary Resident of Village- Sonma,
Sonwan, Ward no.- 4, Garhpura, Police Station- Bakhri, District- Begusarai.
2. Ashok Chaudhary S/O Shiv Chaudhary Resident of Village- Sonma,
Sonwan, Ward no.- 4, Garhpura, Police Station- Bakhri, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
118, 109, 76, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., these petitioners are alleged to have
assaulted on the head of brother-in-law of the informant.
4. Learned counsel for the petitioners submits that
though these petitioners are alleged to have assaulted brother-in-
law of the informant but doctor has found only one injury.
Allegation of assault is general and omnibus and there is no
Patna High Court CR. MISC. No.12312 of 2026(2) dt.24-02-2026
2/2
allegation of any overt act against these petitioners. F.I.R. has
been lodged after inordinate delay of three days which itself
raises doubt over veracity of the prosecution case. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedents of petitioners, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners in the event of their arrest/surrender before
the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Begusarai in
connection with Bakhri Thana P. S. Case No. 439 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…