Deepak Kumar @ Deepak ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31583 of 2026
                  Arising Out of PS. Case No.-225 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
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                 Deepak Kumar @ Deepak Chaudhary Son of Kameshar Chaudhary @
                 Kameshwar Chaudhary Resident of Village- Telari, P.S.- Neemchak Bathani,
                 District- Gaya
                                                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s

                 ======================================================

                 Appearance :
                 For the Petitioner/s     :     Mr.Aryan Singh, Adv.
                 For the Opposite Party/s :     Mr.Binod Kumar, APP
                 ======================================================

                         CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                      ORAL ORDER

2   07-05-2026                     Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Nimchak Bathani P.S. Case No. 225 of 2025

                   dated 22.11.2025 registered for the offence punishable under

                   Section/s 126(2), 115(2), 352, 51(2)(3), 132 and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                   3. The prosecution case is that on 21.11.2025, when

                   the informant along with other electricity department officials

                   went to recover pending electricity dues from the house of

                   Deepak Chaudhary, the accused persons allegedly abused,

                   threatened and attempted to assault the informant with an iron
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          rod, besides threatening to shoot him and falsely implicate him

          in a case.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          instant case. It is next submitted that owing to there being

          disturbances in the electric supply due to damage of electric

          wire, the petitioner is said to have approached the authorities

          and instead making good to such defects, the informant is said

          to have asked for gratification for carrying out the work due to

          which heated argument took place between both the parties and

          for ulterior reasons, the instant F.I.R. is said to have been lodged

          and there is no explanation for sending the F.I.R. to the learned

          Magistrate after eleven days of institution of the F.I.R. Counsel

          for the petitioner fairly submits that the petitioner has five

          antecedents and is on bail and by referring to the judgment

          passed in the case of Ayub Khan Vs. The State of Rajasthan

          passed in Cr. Appeal @ Special Leave Petition (Crl.) No. 10587

          of 2023 submits that merely because of the antecedent, the

          consideration of bail may not be denied, if the accused has a

          better case on merit, as the presence of antecedent is only one of

          the several considerations for deciding the prayer of bail made

          by him.
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                          5. Learned APP for the State opposes the prayer for

          grant of anticipatory bail.

                          6. Having heard learned counsel for the parties and

          considering that there is unexplained delay in sending the F.I.R.

          to the court concerned and no injury is said to be caused in

          assault or otherwise, let the petitioner, above named, be released

          on anticipatory bail in the event of his arrest or surrender before

          the court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Judicial Magistrate, First Class, Gaya in connection with

          Nimchak Bathani P.S. Case No. 225 of 2025, subject to the

          condition as laid down under Section 482(2) of the B.N.S.S. as

          well as the following conditions:

                        (i) One of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                        (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his bail bond by the Trial Court itself;

                        (iii) the petitioner(s) shall in no way try to induce or
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                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T