Patna High Court
Chandra Deep Chauhan @ Chandradip ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that the delay in FIR, simple injuries, and the petitioners' clean antecedent warranted the grant of bail with statutory conditions.
Summary
The petitioners, Chandra Deep Chauhan and Rakesh Kumar, were charged in Makhdumpur P.S. Case No. 733 of 2025 for offences under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that they assaulted an elderly informant by choking and lathi‑beating him. The petitioners argued that the incident occurred on 13‑09‑2025 but the FIR was filed only on 20‑09‑2025, that the injuries were minor, and that the case was motivated by personal animosity, emphasizing their clean antecedent. The State and the informant opposed bail, highlighting the victim’s age and the brutality of the assault. The court considered the unexplained FIR delay, the simple nature of the injuries, and the petitioners’ fair antecedent, and ordered bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required surrender or arrest within four weeks and that one bailor be a close relative.
Issues considered
- Whether bail should be granted despite the seriousness of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the unexplained delay in filing the FIR and the nature of the injuries affect the grant of bail.
- Whether the petitioners' clean antecedent justifies bail with conditions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- delay in FIR
- simple injury
- antecedent
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2715 of 2026
Arising Out of PS. Case No.-733 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
1. Chandra Deep Chauhan @ Chandradip Chauhan, S/o Late Budhu Chauhan
R/o Village- Sohjana, PS- Makhdumpur, Dist- Jehanabad
2. Rakesh Kumar, S/o Chandradip Chauhan, R/o Village- Sohjana, PS-
Makhdumpur, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate
For the State : Mr. Murli Dhar, APP
For the Informant : Ms. Chandni Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate for the petitioners, State and
the learned Advocate for the informant.
2. The petitioners are apprehending their arrest in
connection with Makhdumpur P.S. Case No. 733 of 2025
registered for the offences punishable under Sections 126(2),
115(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. In the evening of the fateful day, while the
informant was returning home, in the meanwhile, both the
petitioners surrounded him and wrapped a towel around his
neck and started dragging; thereupon petitioner no.1 brutally
assaulted by means of lathi and left him in a semi-conscious
state.
Patna High Court CR. MISC. No.2715 of 2026(2) dt.04-02-2026
2/3
4. Learned Advocate for the petitioners submitted that
the alleged occurrence took place on 13.09.2025, but the present
F.I.R. came to be instituted on 20.09.2025 without their being
any explanation for delay. The injuries, which are allegedly
sustained to the informant, the same have also been found to be
simple in nature, as is evident from the order passed by the
learned Sessions Judge. The reason behind the false implication
of the petitioners is said to be previous animosity. The
petitioners are men of fair antecedent and they undertake that
they will fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State and
the informant vehemently opposed the bail application and
submit that the informant is a septuagenarian and he was
brutally assaulted by both the petitioners.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the unexplained delay in institution of the F.I.R., coupled
with the simple injury, besides the fair antecedent of the
petitioners, let the petitioners, named above, in the event of their
arrest or surrender before the court below within four weeks
from the date of receipt/production of a copy of this order, be
released on bail on furnishing bail bonds of Rs.10,000/- (Rupees
Patna High Court CR. MISC. No.2715 of 2026(2) dt.04-02-2026
3/3
ten thousand) each with two sureties of the like amount each to
the satisfaction of learned Additional Chief Judicial Magistrate-
I, Jehanabad in connection with Makhdumpur P.S. Case No. 733
of 2025, subject to the condition as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the
further condition that one of the bailors shall be the own/close
relative of the petitioners.
(Harish Kumar, J)
uday/-
U T
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