Patna High Court
Bala Chaudhry @ Harendra ChaudhryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner as there is no specific allegation against him and he has a clean antecedent.
Summary
The petitioner, Bala Chaudhry, was arrested on 15 October 2025 in connection with a FIR alleging assault that led to the death of the informant's cousin. He was charged under Sections 115(2), 118(1), 109, 351(2), 352, 3(5) of the B.N.S. and later a chargesheet was filed under Section 103(1). The petitioner pleaded for bail, asserting a clean criminal antecedent and arguing that the FIR contains only a generic allegation against all accused, with no specific act attributed to him. The State opposed the bail on the seriousness of the offences. The court, noting the lack of specific allegation against the petitioner and his clean record, granted bail subject to a cash bond and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the FIR and chargesheet contain specific allegations against the petitioner sufficient to deny bail.
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30554 of 2026
Arising Out of PS. Case No.-470 Year-2025 Thana- DINARA District- Rohtas
======================================================
Bala Chaudhry @ Harendra Chaudhry Son of Late Sribhagwan Chaudhry
Resident of village - Surtapur Milki, Police Station - Dinara, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr.Arvind Kumar Pandey, learned counsel for
the petitioner and Mr.Md. Ataur Rahman, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with S.Tr. No. 75 of 2026, arising out
of Dinara P.S. Case No. 470 of 2025, F.I.R. dated 10.10.2025
registered for the offence punishable under Sections 115(2),
118(1), 109, 351(2), 352, 3(5) of BNS later on chargesheet has
been submitted under Section 103(1) of the B.N.S.
3. Allegation against the petitioner is that he along
with other co-accused persons assaulted to the cousin brother of
the informant as a result of which he sustained head injury.
During treatment cousin brother of the informant died.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears form
Patna High Court CR. MISC. No.30554 of 2026(2) dt.05-05-2026
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the FIR itself that due to admitted land dispute the present
occurrence has taken place. Although the petitioner is named in
the FIR but from a bare perusal of the FIR it appears that there
is no specific allegation of any assault or overt-act attributed
against the petitioner rather there is general and omnibus
allegation against all the accused persons including the
petitioner and the police, after investigation, submitted
chargesheet against the petitioner on 31.12.2025 and the
petitioner is in custody since 15.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, there is no specific allegation of any assault, overt-
act or firing attributed against the petitioner, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge Ist
Bikramganj, Rohtas in connection with S.Tr. No. 75 of 2026,
arising out of Dinara P.S. Case No. 470 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.30554 of 2026(2) dt.05-05-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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