Patna High Court
CHANDRAKISHORE CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the accidental nature of the incident, lack of intent to cause serious injury and the delay in filing the FIR, the petitioners are entitled to bail subject to conditions.
Summary
The petitioners, Chandrakishore Chaudhary and Shashi Kumar, sought anticipatory bail after being implicated in a motorbike collision that escalated into an assault, with charges under several IPC sections. The FIR alleged that the accused assaulted the informant's brother with an iron rod, causing injuries, including a grievous nasal fracture. The petitioners argued that the incident was spontaneous, without intent to cause serious harm, and that the FIR was filed after an inordinate one‑month delay. The State opposed bail, relying on the FIR allegations. Considering the accidental nature of the dispute, lack of pre‑meditated intent, and the delay in filing the FIR, the court ordered that the petitioners be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple IPC offences arising from a motor accident and assault.
- Whether the delay in filing the FIR and absence of intent to cause serious injury justify granting bail.
- Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023, are applicable to the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 279, 307, 325, 337, 338, 34, 504
Subjects
- anticipatory bail
- motor accident
- assault
- Indian Penal Code
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- delay in FIR
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3054 of 2026
Arising Out of PS. Case No.-237 Year-2023 Thana- BAIRIYA District- West Champaran
======================================================
1. Chandrakishore Chaudhary S/O- Amerika Chaudhary R/V- Bairiya Ps-
Bairiya Dist- West Champaran
2. Shashi Kumar S/O- Lalan Chaudhary R/V- Bairiya Ps- Bairiya Dist- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
: Ms. Kumari Akanksha Rai, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard Ms. Kumari Akanksha Rai, learned counsel
for the petitioners and Mr. Shakir Ahmad, learned A.P.P. for the
State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 279, 337,
338, 325, 307, 504 and 34 of the Indian Penal Code.
3. The allegation in the First Information report is
that while the informant was going along with his brother on
motorcycle and stopped for a nature’s call, another motorcycle
with accused persons riding over the same collided with the
informant’s motorcycle and with regard to such incident of
accident both parties indulged in abuses and assault and the
Patna High Court CR. MISC. No.3054 of 2026(2) dt.28-01-2026
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accused assaulted the informant’s brother with iron rod causing
injury.
4. Learned counsel for the petitioner submits that
from bare perusal of the First Information Report it would be
evident that there has been no intention to cause any injury to
the informant and rather the incident happened at the spur of the
moment with regard to accident having taken place between the
two motorcycles. Both the parties are stranger to each other, as
such, there can be no motive to cause any serious injury.
Moreover, there is case and counter case and the present case
lodged by the informant has been lodged after inordinate delay
of one month for which no explanation has been tendered.
Injuries suffered by the informant have been indicated in the
bail rejection order but the nature of the injury has not been
stated, however it is submitted that the injury received by the
petitioner has been annexed as Annexure-P/2 which shows that
while one injury on the side of forehead is simple in nature but
the injury no.2 over nose has been grievous in nature causing
fracture in nasal septum.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
Patna High Court CR. MISC. No.3054 of 2026(2) dt.28-01-2026
3/3
6. Taking into consideration the facts and
circumstances and considering the factum of delay in the F.I.R.,
coupled with the fact that the dispute took place on account of
an accident between the parties and there was no intention of the
petitioner of causing any serious injury, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Bairiya P.S. Case No. 237 of 2023, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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