Patna High Court
Santosh ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioners as the allegations are vague, stem from a private dispute, and Section 482(2) permits such relief.
Summary
The petitioners, five members of the Chaudhari family, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault and robbery. The FIR alleged that the accused, including the petitioners, assaulted an informant and her daughter‑in‑law with sticks, bricks and stole jewellery worth Rs.15,000. The petitioners contended that the incident arose from a garbage‑dumping dispute and that the allegations were vague, lacking any specific overt act against them. The State opposed the bail, insisting on the seriousness of the offences. The High Court, considering the dispute‑driven nature of the allegations and their ornamental character, allowed anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
- Whether the allegations in the FIR constitute a specific cognizable offence under the cited sections of the Bharatiya Nyaya Sanhita
- Whether the petitioners' apprehension of arrest is justified given the nature of the dispute
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal law
- assault
- garbage dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13835 of 2026
Arising Out of PS. Case No.-316 Year-2024 Thana- SILAO District- Nalanda
======================================================
1. Santosh Chaudhari Son of Late Kali Charan Chaudhari R/o Villlage - Chandi
Maw, P.S. - Silao, Dist. - Nalanda, Bihar.
2. Ganpati Chaudhari Son of Late Kalicharan Chaudhari R/o Villlage - Chandi
Maw, P.S. - Silao, Dist. - Nalanda, Bihar.
3. Kanhaiya Chaudhari @ Kanhay Chaudhari Son of Late Kalicharan
Chaudhari R/o Villlage - Chandi Maw, P.S. - Silao, Dist. - Nalanda, Bihar.
4. Prahlad Chaudhari Son of Late Kalicharan Chaudhari R/o Villlage - Chandi
Maw, P.S. - Silao, Dist. - Nalanda, Bihar.
5. Bipin Chaudhari Son of Late Kalicharan Chaudhari R/o Villlage - Chandi
Maw, P.S. - Silao, Dist. - Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 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), 117(2),
74, 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., when informant was sitting at her
door, all the named accused persons, including these petitioners,
came there and abused and assaulter informant and her
daughter-in-law by means of lathi, danda, bricks. It is further
Patna High Court CR. MISC. No.13835 of 2026(2) dt.23-03-2026
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alleged that the accused persons also snatched nose pin and
silver chain worth Rs. 15,000/-.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Dispute
over dumping the garbage led to an occurrence of maar-peet in
which both sides inflicted injuries on each other. Allegation of
assault is general and omnibus and there is no allegation of any
specific overt act against these petitioners. Case and counter
case. Rest of the allegations are ornamental only to make the
case grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of dispute and accusation,
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 learned Chief Judicial
Magistrate, Nalanda, Bihar Sharif in connection with Silao P. S.
Case No. 316 of 2024, subject to conditions as laid down under
Patna High Court CR. MISC. No.13835 of 2026(2) dt.23-03-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
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