Patna High Court
Suresh chaudhary @ Suresh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Suresh Chaudhary, was charged under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and her relatives. He contended that he was falsely implicated due to village politics and highlighted a three‑day delay in filing the FIR without explanation. The petitioner also disclosed two prior criminal antecedents for which he was out on bail, but offered to cooperate with the investigation. The State opposed the bail application. After considering the nature of the allegations, the delay in the FIR, the petitioner’s antecedents, and the submissions of counsel, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the three‑day delay in lodging the FIR is a ground to grant bail.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
- Whether the alleged political motive influences the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- FIR delay
- political motive
- prior antecedents
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14953 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Suresh Chaudhary @ Suresh Choudhary Son of Shiv chaudhary Resident Of
Mohalla- Sonma Bakhri, Ps- Bakhri, District -Begusarai Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 118(1), 118, 109, 76,
303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner along with other
named accused persons and 3-4 unknown persons came to the
house of the informant and assaulted the informant, her husband
and her brother-in-law 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 due to dirty village politics
and ulterior motive. Further submission is that the First
Information Report has been lodged after a delay of three days
Patna High Court CR. MISC. No.14953 of 2026(2) dt.12-03-2026
2/2
without any plausible explanation. There is case and counter
case. The injury on the injured is simple in nature. Petitioner has
got two criminal antecedents in which he is on bail. Petitioner
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
nature of allegation, 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, Begusarai in connection with
Bakhri P.S. Case No. 439 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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