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Patna High Court

Neeraj Kumar Chaudhary @ Neeraj ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on bond subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Neeraj Kumar Chaudhary, was named in an FIR for alleged firing on an informant and others following a motorcycle accident, with no reported injuries. He faced charges under multiple sections of the Bhartiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner’s counsel argued that the case was false, motivated by enmity, and that the lack of injuries made the allegations implausible, while the State opposed bail. The court examined the factual matrix, noting the absence of injury and the possibility of a false case, and considered the seriousness of the charges. It ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNSS and the Arms Act
  • Whether the lack of injury and alleged enmity justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • Arms Act
  • false case
  • enmity
  • no injury
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27220 of 2026
                    Arising Out of PS. Case No.-13 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Neeraj Kumar Chaudhary @ Neeraj Chaudhary S/o Madan Chaudhary @
                 Madan Mohan Chaudhary Resident of Village- Srinath Paran, P.S.-
                 Chakmehsi, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kalyanpur P.S.

                   Case No. 13 of 2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 109, 127(3), 191(2), 304(2),

                   352, 351(3) of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’) and section 27 of the Arms Act.

                             3. As per FIR, petitioner alleged to open firing upon

                   informant and others along with 10 named co-accused

                   persons along with 5-6 unknown persons as some

                   altercation due to motorcycle accident took place between
Patna High Court CR. MISC. No.27220 of 2026(2) dt.29-04-2026
                                            2/3




          them on 09.01.2026.

                   4. It is submitted by learned counsel appearing on

          behalf of the petitioner that admittedly informant and his

          friends not received any bullet injury during the occurrence,

          which makes allegation unbelievable on its face for the

          reason that the allegation of firing was raised against 10

          persons including this petitioner. It is submitted that on the

          basis of enmities, present false case was lodged. While

          concluding arguments, it is submitted that petitioner found

          involved in five more criminal cases, where he is on bail.

                   5. Learned APP opposes the prayer of bail.

                   6. In view of aforesaid factual submission and by

          taking note of fact as admittedly this is not a case of injury

          in the background of allegation of indiscriminate firing by

          seven persons from close range, where implication prima-

          facie also appears raised in the background of previous

          enmities, accordingly, petitioner above-named, in the event

          of his arrest or surrender before the court below within a

          period of four weeks, is directed to be released on bail,

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction
           Patna High Court CR. MISC. No.27220 of 2026(2) dt.29-04-2026
                                                       3/3




                     of the learned CJM, Samastipur/concerned Court, where the

                     case is pending in connection with Kalyanpur P.S. Case No.

                     13 of 2026, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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