Patna High Court
Jivachh Chaudhari @ Jiwachh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Jivachh Chaudhari, filed a bail petition fearing arrest in a case registered under multiple offences of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that co‑accused Saroj Chaudhary and Raja Chaudhary committed assaults, while the petitioner was only alleged to be a member of the mob with no specific charge of assault against him. The petitioner contended his innocence and argued that the specific allegations of assault did not pertain to him. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the facts and the lack of direct accusation against the petitioner, ordered bail on a bond of Rs.10,000 with two sureties, subject to the conditions of section 482(2) of the BNS, 2023.
Issues considered
- Whether the petitioner, who is alleged only to be a member of the mob and not directly charged with assault, is entitled to bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the presence of co‑accused who have committed assault offences justifies denial of bail to the petitioner.
- Whether the conditions prescribed under section 482(2) of the BNS, 2023, are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- section 482(2)
- mob participation
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2121 of 2026
Arising Out of PS. Case No.-239 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Jivachh Chaudhari @ Jiwachh Chaudhary S/o Late Raggho Chaudhari
Resident of village- Bharwari, Police Station- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191(2), 190, 115(2),
117(2), 109, 303(2), 324(4), 352, 351(2) of BNS, 2023 .
3 . As per the prosecution case , specific allegation
against is against co-accused namely , Saroj Chaudhary who
assaulted wife of the informant causing injury on her head and
co-accused Raja Chaudhary who assaulted the son of the
informant by means of Khanti.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Petitioner is only alleged to be the member of mob. Specific
accusation of assault is against other accused persons. No
Patna High Court CR. MISC. No.2121 of 2026(2) dt.31-01-2026
2/2
specific allegation of assault is against this petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Addl. Chief Judicial
Magistrate – I Rosera , District- Samastipur in connection with
Rosera P.S. Case No. 239 of 2024 , subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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