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Patna High Court

Dharmendra Chaudhary @ Dharmendra ChoudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Dharmendra Chaudhary sought anticipatory bail after an FIR was lodged under several sections of the B.N.S. 2023 alleging that he assaulted an informant with an iron rod, causing a head injury. The petitioner argued that both parties belong to the same village, the dispute was minor, the injury was simple, and the FIR was fabricated. The petitioner also highlighted his clean criminal record. The court considered the nature of the allegations, the relationship between the parties, and the medical opinion on the injury. Finding the allegations not grave and the injury minor, the court granted anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged assault under multiple sections of the B.N.S. 2023
  • Whether the alleged injury and circumstances justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false FIR
  • co‑villagers
  • simple injury
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2311 of 2026
                          Arising Out of PS. Case No.-265 Year-2024 Thana- ATRI District- Gaya
                 ======================================================
                 Dharmendra Chaudhary @ Dharmendra Choudhari Son of Karu Chaudhary
                 @ Kara Chaudhary R/O village - Jairam Bigwa, P.S.- Mahakar, Distt.- Gaya.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prabhat
                 For the Opposite Party/s :       Mr.Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Atri P.S. Case No. 265 / 2024 dated 21.07.2024 registered

                   under Sections 126(2), 115, 303(2), 110, 352, 351(2), 3(5) of the

                   B.N.S. 2023.

                       3. As per the F.I.R. on 20.07.2024 when the informant came

                   to market the petitioner along with 5-6 other persons surrounded

                   him and started assaulting with iron rod, lathi etc. It has further

                   been alleged that the petitioner assaulted the informant on his

                   head with iron rod due to which he sustained head injury.

                       4. Learned counsel for the petitioner submits that both the

                   parties belong to the same village and are of the same age

                   group. There was a minor altercation between the two groups

                   and taking undue advantage of the petty dispute the F.I.R. has
               Patna High Court CR. MISC. No.2311 of 2026(2) dt.28-01-2026
                                                           2/2




                         been lodged on the basis of a false and fabricated story.

                         Referring to paragraph no. 10 of the bail application, learned

                         counsel submits that the doctor has opined the nature of injury

                         as simple. The petitioner is having no criminal antecedent.

                             5. Regard being had to the submission made by the parties,

                         taking into consideration the nature of allegation, the fact that

                         both the parties are co-villagers and the injury sustained by the

                         informant is simple in nature, accordingly, I am inclined to grant

                         anticipatory bail to the petitioner.

                             6. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned CJM, Gayaji in connection with Atri P.S. Case No. 265 /

                         2024 subject to the condition as laid down under Section 482 (2)

                         of the B.N.S.S.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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