Patna High Court
Dharmendra Chaudhary @ Dharmendra ChoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- B.N.S., 2023 — s. 110, 115, 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
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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