Patna High Court
Shyam ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is to be granted to the petitioners on a bond of Rs 10,000 each with two sureties, subject to the conditions of section 482(2) of the BNSS.
Summary
The petitioners, Shyam Choudhary, Sunil Kumar and Prem Choudhary, sought bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting an informant's wife and son and stealing jewellery and cash. They contended that the incident stemmed from a petty family dispute, that they are close relatives of the informant, and that they have clean antecedents. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, after considering the petitioners' clean record and the circumstances, ordered that bail be granted on a bond of Rs 10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the petitioners despite the gravity of the offences under sections 126(2), 115, 118(1), 117, 74, 352, 351(2) and 3(5) of the BNSS.
- Whether the petitioners' clean antecedent and familial relationship with the complainant justify bail.
- Whether the conditions prescribed under section 482(2) of the BNSS are sufficient to secure the petitioners' attendance.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115, 117, 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- assault
- theft
- clean antecedent
- family dispute
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2077 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- DOBHI District- Gaya
======================================================
1 . Shyam Choudhary S/o- Late Gour Choudhary R/v- Piparghatti Po- Chilim
Ps- Dobhi Dist- Gaya
2. Sunil Kumar S/o- Prem Choudhary R/v- Piparghatti Po- Chilim Ps- Dobhi
Dist- Gaya
3. Prem Choudhary @ Prem Chaudhari S/o- Late Gaur Choudhary R/v-
Piparghatti Po- Chilim Ps- Dobhi Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat , Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 ( 2 ),
115 , 118 (1) , 117, 74, 352, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R., all the accused persons including
these petitioners came to the house of informant and brutally
assaulted informant’s wife and son and also snatched jewellery
and cash of Rs. 1 lakh from them.
4. It is submitted on behalf of the petitioners that both
the parties are close relative of each other and happen to be
Patna High Court CR. MISC. No.2077 of 2026(2) dt.31-01-2026
2/2
descendants of common ancestor. It is further submitted that on
account of petty dispute , a simple occurrence of maarpeet took
place between both the parties in which both sides, inflicted
injury on each other. Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the clean antecedent of these
petitioners and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioners, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned ACJM 1 st
Sherghati, Gaya in connection with Dobhi P.S. Case No. 170 of
2025 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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