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Patna High Court

DEBA CHAUDHARY @ DEBA CHAUDHARIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15393 of 2026(4) dt.29-04-2026
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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,
Patna High Court CR. MISC. No.15393 of 2026(4) dt.29-04-2026
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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
             Patna High Court CR. MISC. No.15393 of 2026(4) dt.29-04-2026
                                                         4/4




                       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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