Patna High Court
DEBA CHAUDHARY @ DEBA CHAUDHARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Deba Chaudhary applied for anticipatory bail fearing arrest in a case (Shikarpur P.S. Case No. 735/2024) where he is accused under Sections 126(2), 115(2), 118(1), 110, 76 and 352 of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with a sharp‑edged weapon and disrobing her. The petitioner contended that the injuries were minor, he was falsely implicated, and he was already on bail in two other cases; he offered to pay Rs 10,000 to the informant without admitting guilt. The State opposed the anticipatory bail. The Court, noting the simple nature of the injuries and the petitioner’s willingness to cooperate, granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 118(1), 126(2), 352, 76
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15393 of 2026
Arising Out of PS. Case No.-735 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Deba Chaudhary @ Deba Chaudhari S/O Late Rameshwar Chaudhary @
Rameshwar Chaudhari R/O Vill - Mathiya Pipra, P.S.- Shikarpur, Distt.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 29-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Shikarpur P.S. Case No. 735/2024, F.I.R dated
18.10.2024 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 110, 76, 352 of the Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, the petitioner is
alleged to have abused and assaulted the informant with sharp
edged weapon. On protest by the informant, the petitioner
disrobed her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
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case. The petitioner is accused in two other criminal cases and
he is on bail in both the cases as stated in para. 3 of the bail
petition. Learned counsel for the petitioner submits that the
nature of the injury sustained does not corroborate the allegation
made in the FIR. However, with regard to the injuries, they are
simple in nature and the medical treatment which is said to have
been received by the informant, the petitioner volunteers to pay
Rs. 10,000/- (Ten Thousand) at the time of furnishing bail bond
to the informant, without accepting his guilt.
5. Learned APP for the State opposes the prayer for
anticipatory bail application
6. Considering the aforesaid facts and circumstances that
the injuries are simple in nature and the petitioner would cooperate
with the investigation and maintain peace with the informant and
comply the undertaking given. Accordingly, this Court is inclined to
grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Judicial Magistrate-VIth,
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Bettiah, West Champaran in connection with Shikarpur P.S.
Case No. 735/2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(v). The petitioner undertakes not to repeat the offence
in future in case any such allegations are brought to the notice of
local police and on finding allegations to be true, the informant
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as well as the local police are with liberty to move for
cancellation of his bail bond in such background.
(Ajit Kumar, J)
atul/-
U T
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