Patna High Court
Raju ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
Anticipatory bail is granted conditionally, subject to surrender within six weeks and furnishing of bail bonds and sureties.
Summary
The petitioners, Raju Chaudhary and Shyamvinay Chaudhary, were implicated in Yogapatti Police Station Case No. 389 of 2025 for allegedly assaulting an informant with a lathi, causing a fractured hand. They contended that the charge sheet was a counter‑version of an earlier case, filed 16 days after the alleged incident without explanation, and that they themselves had suffered injuries and recorded statements while receiving hospital treatment. The State opposed their prayer for anticipatory bail, citing multiple offences under the Bharatiya Nyaya Sanhita, 2023. The Court, after considering the delay, the petitioners’ lack of serious criminal antecedents (except one pending case against petitioner 2), and the circumstances of the alleged assault, ordered that anticipatory bail be granted provided the petitioners surrender within six weeks and furnish bail bonds of Rs 10,000 with two sureties each, subject to Section 482(2) of the B.N.S.S. The order was pronounced by Justice Khatim Reza. The decision underscores the Court’s discretion to balance the interests of justice with the right to liberty in anticipatory bail matters.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the alleged offences.
- Whether the delay in filing the FIR and the claim of a counter‑case affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- delay in FIR
- counter case
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31755 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
1. Raju Chaudhary, Son of Suresh Chaudhary, Resident of village - Bhatwaliya
Ward No 05, Police Station - Yogapatti, District - West Champaran.
2. Shyamvinay Chaudhary @ Shyaminay Chaudhary @ Shyamvinay Kumar,
Son of Murat Chaudhary, Resident of village - Bhatwaliya Ward No 05,
Police Station - Yogapatti, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Yogapatti P.S. Case No. 389 of 2025 dated 14.09.2025,
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 74, 109(1), 117(2), 351(2), 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners is that they
have assaulted the informant on his hand by means of lathi due
to which his hand got fractured.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
Patna High Court CR. MISC. No.31755 of 2026(2) dt.07-05-2026
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this case. It is submitted that the present case is counter version
of Yogapatti P.S. Case No. 397 of 2025 dated 19.09.2025 and
the present case was lodged after about 16 days from the date of
occurrence without any plausible explanation for the delay. It is
further submitted that the petitioners have also sustained
grievous injury and the statement of petitioners’ side has been
recorded during the treatment in the hospital while the present
case is based on typed written report. It is submitted that both
the sides are agnates. The allegation against the petitioners is
that they assaulted the informant on his hand by means of lathi
due to which his hand got fractured. Lastly, it has been
submitted that petitioner no. 1 has no criminal antecedent and
petitioner no. 2 has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Yogapatti P.S. Case
No. 389 of 2025, they shall be released on anticipatory bail
upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.31755 of 2026(2) dt.07-05-2026
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the learned J.M.-Ist Class, Bettiah, West Champaran, subject to
condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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