Patna High Court
Kali ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied.
Summary
Kali Chaudhary applied for pre‑arrest bail in connection with PS Jogapatti case No. 397 of 2025, where he was charged with assaulting an informant with an iron rod, causing three serious injuries. The FIR alleged offences under Sections 126(2), 115(2), 109(1), 351(2), 352, 303(2) and 3(5) of the Bihar Penal Code. The court examined the gravity of the allegations, particularly the violent assault on a vital part of the body. Considering the seriousness of the offences and the risk to public order, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner given the nature and gravity of the alleged offences
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- criminal procedure
- bail jurisprudence
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30354 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
Kali Chaudhary S/o Late Barma Chaudhary R/o Village - Bathwariya
(Bhatwaliya), Ward No. 05, P.S - Jogapatti, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Jogapatti P.S. Case No. 397 of 2025 registered for the
offence(s) punishable under Sections 126(2), 115(2),
109(1),351(2),352,303(2),3(5) of the BNS.
3. Considering the nature and gravity of the
allegations made in the FIR, particularly that the petitioner
assaulted the informant on the head with an iron rod, causing
three injuries on a vital part of the body, I am not inclined to
Patna High Court CR. MISC. No.30354 of 2026(2) dt.13-05-2026
2/2
grant pre-arrest bail to the petitioner. Accordingly, the present
bail application stands dismissed.
(Purnendu Singh, J)
Sanjay/-
U T
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