Patna High Court
Dindayal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Dindayal Chaudhary and Brajesh Kumar, sought bail in a criminal case registered under Sections 190, 191(2), 191(3), 103(1) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. The incident arose on 22 July 2024 during a land measurement dispute in Aurangabad, where co‑accused Shivdhyan Chaudhary allegedly opened fire, killing the informant's son. The FIR specifically names Shivdhyan as the shooter, and the petitioners contend that they were merely present and did not commit any overt act. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. The order thus grants bail while the criminal proceedings continue.
Issues considered
- Whether the petitioners, who are only alleged to have been present at the scene, are entitled to bail despite charges under Sections 190, 191(2), 191(3), 103(1) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- land dispute
- homicide
- Section 190
- Section 191
- Section 103
- Section 27 Arms Act
- Section 482
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2000 of 2026
Arising Out of PS. Case No.-156 Year-2024 Thana- DEV District- Aurangabad
======================================================
1. Dindayal Chaudhary S/o Ramashish Chaudhary R/o Village - Chandpur, P.S
- Deo, District - Aurangabad
2. Brajesh Kumar S/o Dindayal Chaudhary R/o Village - Chandpur, P.S - Deo,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 07-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 190, 191(2), 191(3),
103(1) of the Bhartiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. Informant alleged that on 22.07.2024, his son had
gone to Aurangabad court for affidavit and thereafter, on the
same date, he went with informant’s nephew for measurement
of a piece of land, where these petitioners along with other co-
accused persons were objecting for measurement of land and in
this way, co-accused Shivdhyan Chaudhary opened fire, which
hit son of informant and in course of treatment, son of informant
died.
Patna High Court CR. MISC. No.2000 of 2026(6) dt.07-07-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and committed no offence. As per F.I.R.
itself, it was co-accused Shivdhyan Chaudhary, who shot dead
son of informant. There is no allegation of overt act against
these petitioners. They are only alleged to be present at the place
of occurrence. Police, after investigation, submitted final form
against these petitioners.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Aurangabad
(Bihar) in connection with Deo P.S. Case No. 156 of 2024,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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