Patna High Court
Chandan Kumar Chaudhary @ Cahndan Choudhary @ Chandan Choudhary @ Chandan Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner, subject to a Rs.30,000 bail bond and compliance with conditions under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Chandan Kumar Chaudhary, was named in an FIR for alleged participation in a mob assault on police officers during a traffic incident in Bharpura village. He sought anticipatory bail, claiming innocence, clean antecedents, and that he was implicated merely due to his local residence and community involvement. The State opposed the bail, acknowledging his role as a member of the mob but arguing against release. The court considered the applicability of anticipatory bail under Section 438 of the Bharatiya Nyaya Sanhita, 2023 and the conditions under Section 2(1)(d) and Section 482(2) of the same Act. Weighing the facts, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 within four weeks of arrest or surrender. The order also imposed standard conditions to ensure the petitioner’s cooperation with the investigation.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nyaya Sanhita, 2023?
- Whether the petitioner’s alleged participation in the mob assault justifies denial of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 121(1), 121(2), 126(2), 137, 190, 191(2), 191(3), 2(1)(d), 223, 270, 285, 352, 482(2), 76
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- mob assault
- criminal procedure
- Section 438
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26961 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- BIBHUTIPUR District- Samastipur
======================================================
Chandan Kumar Chaudhary @ Cahndan Choudhary @ Chandan Choudhary
@ Chandan Kumar Chaudhary S/o Ashok Chaudhary @ Ashok Chaoudhary
R/o ward no. 11, vill - Bharpura, Bharpura Dih, P.S.- Bibhutipur, Distt.-
Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Kunwar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Bibhutipur P.S. Case No. 28 of 2026 lodged on 18.01.2026,
for the offence punishable under Sections 191(2), 191(3), 190,
270, 285, 137, 76, 223, 126(2), 115(2), 109, 121(1), 121(2) &
352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution story, which has been lodged
by the Police Sub-Inspector to the effect that on 18.01.2026 at
about 11:10 a.m., he received information that an accident took
place in village Bharpura. On receiving such information, he
went to the place of occurrence along with the police party and
Sub-Inspector, Khusboo Kumari. Upon reaching the place of
Patna High Court CR. MISC. No.26961 of 2026(2) dt.22-04-2026
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occurrence, the informant directed for taking the injured to the
hospital. All of a sudden, angry crowd stopped the movement of
the traffic and when the informant tried to pacify them, the mob
assaulted the informant and Khusboo Kumari with Lathi, Danda
and iron rod, due to which, they suffered injuries. On the basis
of the input provided by the local Chowkidar, the petitioner
along with others have been named in the F.I.R.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that since, he is of the locality and active member of the
society, only due to this reason, petitioner has been named in the
FIR. He submits that the petitioner has clean antecedent. He also
submits that other co-accused person has been granted
anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 16.04.2026 passed in Cr. Misc. No. 24628 of 2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the petitioner was
only member of mob.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Sub-Divisional Judicial Magistrate, Rosera,
Samastipur, in connection with Bibhutipur P.S. Case No. 28 of
2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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