Patna High Court

Om Jeet ChaudharyversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners with conditions.

Summary

The petitioners, Om Jeet Chaudhary and Mantu Chaudhary, sought anticipatory bail fearing arrest in a case (Narayanpur PS Case No.68 of 2025) alleging offences under several sections of the B.N.S. The prosecution alleged that on 10 July 2025 the petitioners assaulted an informant and her husband with an iron rod, snatched a mangalsutra and threatened them. The petitioners contended that the FIR was lodged a day late, the injuries were simple, and they were falsely implicated due to a family dispute (the petitioner is the informant’s brother‑in‑law). The State opposed the bail. The Court, considering the dispute, the minor nature of injuries and lack of prior criminal record, granted anticipatory bail subject to surrender within four weeks and a bond of Rs.10,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted in view of the alleged offences and the circumstances of the case
Whether the delay in filing the FIR and the simple nature of injuries justify bail
Applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. for granting anticipatory bail

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S.
false implication
delay in FIR
assault
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23184 of 2026
                      Arising Out of PS. Case No.-68 Year-2025 Thana- NARAINPUR District- Bhojpur
                 ======================================================
           1.     Om Jeet Chaudhary Son of Dhanai Chaudhary Resident of Village -
                  Pharana, P.S. - SBarhara, Distt. - Bhojpur.
           2.     Mantu Chaudhary Son of Mohan Chaudhary Resident of Village - Kajichak,
                  Ward no. 7, P.S. - Koilwar, Distt. - Bhojpur.
                                                                        ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the State            :       Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-04-2026              Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                            2. The petitioners are apprehending their arrest in

                   connection with Narayanpur P.S. Case No. 68 of 2025 in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 113(1), 109, 303(2), 352, 351(2), 3(5) of the BNS.

                            3. As per the prosecution story, on 10.07.2025, near Baruna

                   Petrol Pump, the informant and her husband were intercepted by

                   the petitioners along with two miscreants. The accused allegedly

                   assaulted them with an iron rod, snatched the informant’s

                   mangalsutra and fled away after threatening the informant.

                            4. Learned counsel for the petitioners submits that there is

                   delay of one day in lodging of the first information report and the

                   allegations of assault with iron rod etc. upon the petitioners, are
             Patna High Court CR. MISC. No.23184 of 2026(2) dt.10-04-2026
                                                         2/2




                       not correct and they have been falsely implicated in the present

                       case on the ground that there is a dispute between the parties as the

                       petitioner no. 1 happens to be the informant’s brother-in-law. The

                       injury report (Annexure-2) also indicates that the injury suffered

                       by Sunita Devi are simple in nature caused by hard and blunt

                       object. The petitioners have no criminal antecedent.

                               5. Learned APP for the State has opposed the application

                       for anticipatory bail.

                               6. Taking into consideration the facts and circumstances and

                       also considering the dispute between the parties and simple nature

                       of injuries, let the above named petitioners, in the event of their

                       arrest or surrender before the learned Court below within a period

                       of four weeks from today, be enlarged on bail on furnishing bail

                       bond of Rs.10,000/- (Rupees Ten Thousand) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       court below where the case is pending/successor court in

                       connection with Narayanpur P.S. Case No. 68 of 2025, subject to

                       the condition as laid down under Section 438 (2) of the

                       Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T

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