Patna High Court

Ramdhani Chaudhary @ Jitendra ChaudharyversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The Court held that anticipatory bail could not be granted in the present circumstances.

Summary

The petitioner, Ramdhani Chaudhary, filed a criminal miscellaneous application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in connection with a case registered under Sections 115(2), 118(2) and 126(2) of the Bhartiya Nyay Sanhita, 2023. The prosecution alleges that the petitioner assaulted an informant with a knife, causing serious injury, and the FIR was lodged a day after the alleged incident. The petitioner contended innocence, highlighted a land dispute between the parties, and pointed to a delay in filing the FIR and the pending injury report. The State opposed bail, emphasizing the direct assault allegation. The Court, considering the seriousness of the injury, rejected the anticipatory bail but indicated that regular bail could be considered if the petitioner surrenders within four weeks.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case involving alleged assault with a knife causing serious injury
Whether the seriousness of injury and nature of the offence preclude the grant of anticipatory bail
Whether the delay in filing the FIR and pending injury report affect the bail decision

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyay Sanhita, 2023 — s. 115(2), 118(2), 126(2)

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
Bhartiya Nyay Sanhita
assault
injury
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15326 of 2026
                        Arising Out of PS. Case No.-552 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Ramdhani Chaudhary @ Jitendra Chaudhary Son of Late Naradmuni
                 Chaudhary @ Narad Chaudhry Resident of Village - Arthu, P.S. - Dinara,
                 Distt. - Rohtas.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mohit Shriwastava, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner, who apprehends

                   arrest in connection with Dinara P.S. Case No. 552 of 2025,

                   lodged on 12.12.2025, under Sections 115(2)/118(2)/126(2) of

                   the Bhartiya Nyay Sanhita, 2023, pending in the Court of

                   Judicial Magistrate, 1st Class, Bikramganj, Rohtas.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner with allegation that he assaulted the

                   informant with knife due to which the informant sustained
         Patna High Court CR. MISC. No.15326 of 2026(2) dt.25-03-2026
                                                     2/2




                   serious injury.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that there are delay in filing the FIR as the occurrence

                   took place on 11.12.2025 and FIR was lodged on 12.12.2025.

                   He submits that there is admittedly a land dispute between the

                   parties and the informant and the petitioner are agnates to each

                   other. He submits that injury report is still awaited.

                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner and submits that there are direct allegation

                   of assault with knife against the petitioner.

                                6. Considering the nature of injury, the prayer for

                   anticipatory bail of petitioner is hereby rejected. However, in the

                   event of surrender of the petitioner within four weeks from

                   today, the prayer for regular bail shall be considered without

                   being prejudiced by the order of this Court.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U

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