Patna High Court
Kamal Narayan Chaudhary @ Kamal Nayan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Kamal Narayan Chaudhary was arrested in connection with a FIR alleging breach of an agreement for Rs.20,69,131 and alleged theft of documents and cash, invoking several offences under the Bharatiya Nyay Sanhita, 2023. The petitioner contended that the case stemmed from a civil dispute, the amount had been returned, and the FIR was filed after an undue delay, rendering the allegations false. The State opposed bail, citing the seriousness of the charges. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on compliance, with provisions for cancellation upon breach.
Issues considered
- Whether the petitioner is entitled to bail despite charges under multiple sections of the Bharatiya Nyay Sanhita, 2023.
- Whether the FIR is a false or fabricated document arising from a civil dispute.
- Whether the conditions imposed by the Court are sufficient to justify granting bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 316(2), 318(4), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- false FIR
- civil dispute
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19401 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- BIRAUL District- Darbhanga
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Kamal Narayan Chaudhary @ Kamal Nayan Chaudhary S/o- Indradeo
Chaudhary R/v- Ward no. 17, Phulhara, PS - Singhiya, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
For the Informant : Mr. Ajay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-04-2026 Heard Mr. Abhay Kumar Thakur, learned counsel
for the petitioner, Mr. Sanjay Kumar Sharma, learned Additional
Public Prosecutor for the State as well as Mr. Ajay Kumar,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
29.01.2026 in connection with Biraul P.S. Case No. 257 of
2025, F.I.R. dated 18.07.2025 for the offences punishable under
Sections 126(2), 115(2), 316(2), 318(4), 351(2), 352, 303(2),
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, on 04.09.2023, an
agreement was prepared between petitioner and informant
regarding Rs.20,69,131/- and it was agreed to return the same
within six months but after lapse of six months, the amount was
Patna High Court CR. MISC. No.19401 of 2026(2) dt.02-04-2026
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not returned and on 03.06.2025, the petitioner and other accused
persons called informant at Rasalpur chowk. It is further alleged
that petitioner and others snatched original agreement paper and
cheque book and also snatched Rs.10,000/- from informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. The present case pertains to civil dispute. Infact petitioner
has returned the amount in question. It appears from the FIR
that date of the occurrence was on 03.06.2025 but the FIR was
lodge on 18.07.2025 i.e. after delay of about 45 days, after
thought only to falsely implicate the petitioner in the present
case due to previous dispute and the petitioner is in custody
since 29.01.2026.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the Informant have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.19401 of 2026(2) dt.02-04-2026
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the like amount each to the satisfaction of the learned ACJM,
Biraul, Darbhanga in connection with Biraul P.S. Case No. 257
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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