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Patna High Court

Kallu Chaudhary @ Dev Raj ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that a prima facie case for anticipatory bail exists and granted it subject to bond and surety conditions.

Summary

The petitioner, Kallu Chaudhary, sought anticipatory bail under Section 482 of the BNSS, 2023 after a lower court rejected his earlier application. He was accused of inflicting knife injuries and assaulting an informant, Manu Singh, and of stealing a gold chain, with charges under Sections 115(2), 118(1), 126(2), 303(2), 109 and 3(5) of the BNSS. The petitioner claimed false implication, arguing that the FIR described only a minor injury to a non‑vital part of the body, and asserted he would not misuse liberty. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedents. The High Court, relying on the guidelines in Sushila Aggarwal v. State (2020), found a prima facie case for bail, noting no material to suggest danger to justice, and ordered anticipatory bail with a bond of Rs. 25,000 and two sureties, subject to conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023 despite the seriousness of the offences alleged.
  • Whether the FIR’s description of injury and the claim of false implication warrant denial of bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS Act
  • false implication
  • criminal antecedents
  • bail conditions
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1961 of 2026
                   Arising Out of PS. Case No.-518 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Kallu Chaudhary @ Dev Raj Chaudhary, S/O Gariba Chaudhary, R/o - Near
                 Jarti Maiya Ratanpura, P.S.- Bhagwan Bajar, Dist.- Saran.

                                                                                 ... ... Petitioner.
                                                      Versus
                 The State of Bihar

                                                         ... ... Opposite Party.
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Mrityunjay Kumar Tiwary, Advocate.
                 For the State           :       Mr. Rajiv Nayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026             1. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor representing the State.

                           2. This anticipatory bail application under Section 482 of

                   BNSS, 2023, has been preferred by the petitioner after rejection

                   of his anticipatory bail application by order dated 28.11.2025

                   passed by the Additional District and Sessions Judge-XIII,

                   Saran, Chapra, seeking Anticipatory Bail in connection with

                   Bhagwan Bajar P.S. case no.518 of 2025 registered under

                   Sections 115(2), 118(1), 126(2), 303(2), 109 and 3(5) of B.N.S.,

                   District-Saran.

                           3. Brief facts of the case, which are required to be stated

                   are that on 11.09.2025 at about 07:00 P.M., the informant-Manu

                   Singh was going to his house from market. When he reached at

                   Ratanpura Futani Chowk near the house of Bhagwan Rai, the
Patna High Court CR. MISC. No.1961 of 2026(2) dt.28-01-2026
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          petitioner (Kallu Chaudhary alias Dev Raj Chaudhary) and co-

          accused Vishal Chaudhary surrounded him. At that time, co-

          accused Vishal Chaudhary pointed ‘Katta” at the informant

          whereas the petitioner with an intention to kill him inflicted

          several knife injuries on his head and neck. Thereafter, co-

          accused       Vishal       Chaudhary         caused   assault   to   the

          informant/injured with the butt of Katta and other F.I.R. named

          accused caused assault to the informant with rod and danda. It

          is also alleged that the petitioner snatched the gold chain from

          the neck of the informant.

                  4. It is argued by learned counsel for the petitioner that

          petitioner has been falsely implicated in this case. It is further

          submitted that the F.I.R. has been lodged on the basis of

          concocted story.          No such injury has been caused to the

          informant by the petitioner as alleged in the F.I.R. Referring to

          the observation made in the order dated 28.11.2025 passed by

          the Additional District and Sessions Judge-XIII, Saran, Chapra,

          in A.B.P. No.4122 of 2025, it is pointed out that the

          informant/injured received only one injury on his right arm,

          which is caused by hard and blunt object and is simple in nature.

          Petitioner has criminal antecedents of four cases and in all four

          cases, he is on bail. Averment in this regard has been mentioned
Patna High Court CR. MISC. No.1961 of 2026(2) dt.28-01-2026
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          in paragraph no.3 of the bail application. Pursuant to F.I.R. of

          this case, the petitioner has apprehension of imminent arrest.

          Lastly, it is submitted that in case the petitioner is granted

          anticipatory bail, he would not misuse the liberty and cooperate

          with the investigation/trial of this case.

                  5. Learned Additional Public Prosecutor representing the

          State opposed the prayer for granting anticipatory bail to the

          petitioner in the light of the allegations made in the F.I.R. He

          also submits that as on date there is no material on record to

          presume the false implication of the petitioner. Considering the

          prosecution case, cognizable offence is made out against the

          petitioner.

                  6. Having heard the learned counsel for the parties, I find

          that the informant/injured has received only one injury on his

          non-vital part of the body, which is not corroborated from the

          F.I.R. version. As on date there is no material on record to

          presume that there is danger, of course, of justice being thwarted

          by grant of anticipatory bail to the petitioner.

                  Looking to the overall facts and circumstances of the

          case, submissions of learned counsel for the parties as noted

          above, reasonable apprehension of arrest of the petitioner, taking

          into consideration the gravity of offence, nature of accusation
Patna High Court CR. MISC. No.1961 of 2026(2) dt.28-01-2026
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          and there being no possibility of his fleeing away from justice,

          this Court is of the view that in the light of guidelines laid down

          by the Hon’ble Apex Court in the case of Sushila Aggarwal vs

          State (NCT of Delhi), (2020) 5 SCC 1, prima facie the

          petitioner has made out a case for grant of anticipatory bail.

                  7. Accordingly, it is directed that in the event of arrest or

          surrender of the petitioner above-named within two weeks from

          today in the aforesaid case, he shall be released on anticipatory

          bail on his furnishing bail bond of Rs. 25,000/- (Rupees Twenty

          Five Thousand only) with two sureties each in the like amount

          to the satisfaction of the concerned Court below in connection

          with the aforesaid case, subject to conditions laid down under

          Section 482 (2) of the BNSS, 2023.

                  8. With the aforesaid observations and directions, this

          anticipatory bail application is allowed.

                  9. In case, at any stage it is found that the petitioner has

          disclosed his incomplete criminal history before this Court,

          learned Court below shall be at the liberty to cancel the bail

          bonds of the petitioner after hearing him and getting satisfied

          that the he has concealed his criminal antecedents despite his

          knowledge of the same.

                  10. It is clarified that anything said in this order is limited
             Patna High Court CR. MISC. No.1961 of 2026(2) dt.28-01-2026
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                       to the purpose of determination of this anticipatory bail

                       application and will not effect the merits of the case.


                                                               (Sanjay Kumar Singh, J)

P.S./-

U        T


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