Patna High Court
Nirmal Kumar Choudhary @ Nirmal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties of equal amount, and the production of a Rs.25,000 demand draft payable to the victim.
Summary
Nirmal Kumar Choudhary was arrested in connection with a case registered under multiple sections of the Bihar Penal Code for allegedly assaulting a victim. He had been in custody since February 6, 2026 and filed a bail application claiming innocence and willingness to compensate the victim for medical expenses. The petitioner’s counsel argued that he was falsely implicated and offered to make good the victim’s losses. The court, after hearing both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to produce a demand draft of Rs.25,000 payable to the victim. The order was limited to the bail matter and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bihar Penal Code.
- Whether the conditions imposed, including a monetary guarantee and compensation to the victim, are appropriate for bail.
Subjects
- bail
- criminal procedure
- assault
- surety
- compensation
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27557 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- HALAI District- Samastipur
======================================================
Nirmal Kumar Choudhary @ Nirmal Kumar S/O Late Manish Kumar
Choudhary Resident of Village- Jorpura Ward No. 4, P.S- Halai, Distt.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Halai P.S. Case No. 70 of 2025 registered for the offence under
Sections 118(1), 117(2), 126(2), 115(2), 109(1), 74, 352, 351(2)
(3)/3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim.
4. The petitioner is in custody since 06.02.2026.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the petitioner, without
accepting his guilt, is ready to make good the amount incurred
by the victim in treatment/medical care.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.27557 of 2026(2) dt.28-04-2026
2/2
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Halai P.S.
Case No. 70 of 2025.
8. As a condition of this order, the petitioner, at the
time of furnishing his bail bonds, is directed to produce a
demand draft of Rs. 25,000/- in the name of the
informant/victim and the same shall be handed over to the
informant/victim. It is made clear that the bail bonds of the
petitioner shall only be accepted if he brings the demand draft of
Rs. 25,000/- in the name of the informant/victim.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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