Patna High Court
Umesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail, subject to bond and conditions, as the allegations do not demonstrate a pre‑meditated intent to kill.
Summary
The petitioner, Umesh Chaudhary, was charged under several sections of the Bihar Penal Code for allegedly assaulting his brother, the informant, and others. He contended that the incident arose from a family dispute and was a spontaneous fight, not a pre‑planned attack, and that both parties have filed cases against each other. The State opposed the bail, arguing the seriousness of the offences. The Court noted the absence of a medical report, the existence of a case and counter‑case, and the lack of evidence of a murderous intent, concluding that the alleged injuries could have been caused in self‑defence. Consequently, the Court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Criminal Procedure Code, directing the district court to verify the petitioner’s criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the charges under Sections 126(2), 115(2), 303(2), 109, 351(2), 352 and 3(5) of the Bihar Penal Code.
- Whether the circumstances indicate a planned offence or a spontaneous fight in self‑defence.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- self‑defence
- case and counter‑case
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2834 of 2026
Arising Out of PS. Case No.-414 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Umesh Chaudhary Son of Late Raghunath Choudhary Resident of village-
Sikanderpur, PS- G. B. Nagar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Prasad, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 01-04-2026 Heard Mr. Naresh Prasad, learned counsel appearing
on behalf of the petitioner and Mr. Manoj Kumar, learned APP
for the State.
2. Petitioner seeks pre-arrest bail in connection with
G.B.Nagar P.S.Case No.414 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 303(2), 109, 351(2),
352 and 3(5) of BNS.
3. As per the allegations made in the FIR, the
petitioner is alleged to have assaulted the informant and his
family members along with other co-accused persons named in
the FIR.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is the full brother of the
Patna High Court CR. MISC. No.2834 of 2026(3) dt.01-04-2026
2/3
informant and has been falsely implicated in the present case on
frivolous and baseless allegations. It is further submitted that on
the alleged date of occurrence, due to a pre-existing family
dispute, there was a heated altercation between the petitioner
and the informant and in the heat of passion, both parties
indulged into a free fight, causing injuries to each other. It is
also submitted that there is a case and counter-case arising out
of the same incident and both sides have sustained injuries. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegations
made in the FIR and the materials that have surfaced during the
course of investigation as reflected in the case diary, it appears
that till date, no medical opinion has been furnished by the
doctor with regard to the nature of injuries sustained by the
informant. It further appears that both parties have instituted
case and counter-case arising out of the same occurrence. It also
appears that due to previous enmity between the two brothers,
they indulged into a free fight and in the heat of passion, the
Patna High Court CR. MISC. No.2834 of 2026(3) dt.01-04-2026
3/3
petitioner may have caused injuries to the informant. However,
the same does not appear to have been done in a planned
manner with an intention to kill the informant and the petitioner
may have caused injury to the informant in his self-defence.
The petitioner is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the learned district court
within a period of four weeks from today, on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned ACJM-IVth,
Siwan/concerned court, in connection with G.B.Nagar P.S.Case
No.414 of 2025, subject to conditions as laid down under
Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T
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