Created by Fuzzy Cloud

Patna High Court

Chandan Kumar Chaudhary @ Cahndan Choudhary @ Chandan Choudhary @ Chandan Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.26961 of 2026(2) dt.22-04-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.