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Patna High Court

Dileep Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant bail to the petitioners.

Summary

The petitioners, Dileep Kumar Chaudhary and Deepak Prashant, were arrested in connection with a case alleging assault on the son of an informant and on persons who came to his rescue, under several sections of the Bharatiya Nyaya Sanhita. They contend that the charges are false, arising from a land dispute with the informant, who is a full brother, and assert that they have no prior criminal record. The State opposed their bail application, emphasizing the specific assault allegations. The court examined the facts, the seriousness of the alleged offenses, and the petitioners' claim of false implication. Concluding that the allegations of assault warranted continued custody, the court denied bail and dismissed the petition.

Issues considered

  • Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita for alleged assault offenses.
  • Whether the claim of false implication and lack of criminal antecedent justify bail.

Legislation cited

Subjects

  • bail
  • assault
  • false implication
  • land dispute
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2461 of 2026
                       Arising Out of PS. Case No.-1146 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
           1.     Dileep Kumar Chaudhary Son of Late Bhagwanlal Chaudhary Resident of
                  Village- Magarhatta, P.S.- Town Hajipur, District- Vaishali
           2.    Deepak Prashant son of Dilip Kumar Chaudhary Resident of Village-
                 Magarhatta, P.S.- Town Hajipur, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan No. II, Adv.
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Town

                   Hajipur P.S. Case No. 1146 of 2025 instituted for the offences

                   under Sections 115(2), 118(1), 117(2), 109, 303(2), 351(2), 3(5)

                   of the Bharatiya Nyaya Sanhita.

                               3. Prosecution story, in short, is that the accused

                   persons including the petitioner herein assaulted the son of the

                   informant due to which he sustained injuries. The persons came

                   in rescue were also assaulted by the accused persons.

                               4. Learned counsel for the petitioners submitted that

                   petitioners have falsely been implicated in the present case.
           Patna High Court CR. MISC. No.2461 of 2026(2) dt.21-01-2026
                                                       2/2




                     Learned counsel for the petitioners submit that general and

                     omnibus allegation has been made against these petitioners.

                     Both the parties are gotiya as petitioner no. 1 and the informant

                     are full brother and there is a land dispute going on between

                     them. The allegation has been levelled against the petitioners

                     only with a view to grab their share in the ancestral property and

                     for which the present false case has been instituted. It has been

                     submitted on behalf of the petitioners that the petitioners are in

                     custody since 28.09.2025 and have no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioners. Specific

                     allegation of assault is levelled against the petitioners. Hence,

                     the petitioner may not be released on bail.

                                 6. Considering the aforesaid facts and circumstances

                     of the case and the specific allegation of assault against the

                     petitioners, this Court is not inclined to grant bail to the

                     petitioners.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioners is, hereby rejected.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T


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