Patna High Court
Ranvijay Choudhary @ Ran Vijay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner on condition of surrender within eight weeks, furnishing a bond and sureties, subject to compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ranvijay Choudhary, was arrested in connection with a criminal case (PS No. 75 of 2025) alleging assault, robbery and other offences under various sections of the Bihar Negotiable (B.N.S.) Act. He claimed innocence, arguing that the injuries alleged against him were not substantiated and that the case was a false implication arising from a village dispute. The State and the informant opposed his bail, noting that a proceeding under Section 82 of the CrPC had been initiated. The petitioner had earlier applied for anticipatory bail, which was rejected by the Additional Sessions Judge. Considering the lack of concrete injury evidence and the possibility of false implication, the High Court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions of surrender within eight weeks and attendance in court as required.
Issues considered
- Whether the petitioner is entitled to bail despite the pending Section 82 proceeding under the CrPC.
- Whether the allegations against the petitioner constitute a false implication warranting bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
- B.N.S. — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- bail
- anticipatory bail
- false implication
- assault
- criminal procedure
- Section 82 CrPC
- Section 482 B.N.S.S.
- Bihar Negotiable Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14784 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- MORO District- Darbhanga
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Ranvijay Choudhary @ Ran Vijay Chaudhary S/O Late Ram Krishan
Chaudhary R/o Village- Goddaipatti, P.S.- Moro District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Mishra, Advocate
For the State : Mrs.Rina Sinha, APP
For the Informant : Mr. Binod Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the informant.
2. In the present case, the petitioner is
apprehending his arrest in connection with Moro P.S. Case No.
75 of 2025 registered for the offences under Sections 126(2),
115(2), 118(1), 351(2), 352, 303(2), 110, 76, 3(5) of B.N.S.
3. As per prosecution case, the petitioner and
other co-accused persons, who were armed with sharp Garasa,
Dabiya and Tengari (axe), caught hold of the informant and
assaulted him. The petitioner gave a Tengari blow on the head
of the informant causing its fracture and he also snatched
Patna High Court CR. MISC. No.14784 of 2026(2) dt.03-04-2026
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Rs.19,700/- from the pocket of the informant. The female family
members of the informant were also assaulted and their
ornaments were snatched by the assailants.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The allegations are false and concocted. The parties are co-
villagers and there is dispute over right of way. The specific
allegation against the petitioner is that he gave Tengari blow on
the head of the informant but no such injury has been found and
a lacerated wound on right side parietal region of size 4cm x
2cm x 1cm was found and its nature stated to be simple. This
falsifies the allegation against the petitioner that he gave
Tengari blow on the head of the informant. Other allegation
about snatching of money is not believable. There is case and
counter case and the sister-in-law of the petitioner has lodged
Moro P.S. Case No. 76 of 2025 which has been registered under
Sections 126(2), 115(2), 351(2), 352, 303(2), 3(5) of B.N.S.
Learned counsel further submits that the petitioner is having
antecedent of one case in which he has been granted bail.
5. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
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informant submits that the proceeding under Section 82 of CrPC
has been initiated against the petitioner vide order dated
23.02.2026 by the learned trial court.
6. At this stage, learned counsel for the petitioner
submits that the petitioner has not been absconding as he has
filed an application for anticipatory bail before the court
concerned prior to the issuance of process under Section 82 of
CrPC and this fact is clear from the rejection order which has
been passed by the learned Additional Sessions Judge-VII on
03.02.2026.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury attributed to the petitioner and also
considering the possibility of false implication, let the petitioner
above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Darbhanga/concerned court in connection with
Moro P.S. Case No. 75 of 2025, subject to the condition as laid
down under Section 482(2) of the B.N.S.S. and other following
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conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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