Created by Fuzzy Cloud

Patna High Court

Kamal Narayan Chaudhary @ Kamal Nayan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.