Patna High Court
Rajkishor Chaudhary @ Rajkishor KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Rajkishor Chaudhary, was named in an FIR (Nawalpur PS Case No. 22/2026) alleging assault with a knife and causing injury, under sections 126(2), 115(2), 109, 352 and 3(5) of the Bihar Negotiable Instruments Act. He sought anticipatory bail, arguing that the FIR was lodged four days after the alleged incident, that there was a delay unrecorded in the FIR, and that the injury was simple. The State opposed, maintaining that the petitioner was responsible for the assault. The Court noted the petitioner’s clean criminal record, the simplicity of the injury, and the delay in filing the FIR, and therefore granted anticipatory bail under Section 438(2) of the Criminal Procedure Code with stringent conditions. The bail order required a bond of Rs.10,000 with two sureties, regular appearances before police and court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in view of the alleged assault and the delay in filing the FIR.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 126(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Bihar Negotiable Instruments Act
- assault
- delay in FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34569 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
Rajkishor Chaudhary @ Rajkishor Kumar S/o Dalan Chaudhary @ Lalan
Chaudhary Resident of Village- Piprahiya, P.S.- Nawalpur, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioner and the State through virtual mode.
2. The petitioner is apprehending arrest in connection
with Nawalpur P.S. Case No. 22/2026 instituted under Sections
126(2), 115(2), 109, 352, 3(5) of BNS lodged on 17.01.2026 by
the informant, Rakesh Kumar.
3. As per the prosecution story, the informant alleged
that the petitioner took him for a walk and later other accused
persons accompanied him and decided to assault. The allegation
against this petitioner is of using knife causing injury on the
thigh, while Mohan Chaudhary and Pappu Chaudhary also
caught hold of him. He was shifted to G.M.C.H., Bettiah which
followed the FIR.
Patna High Court CR. MISC. No.34569 of 2026(2) dt.19-05-2026
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4. Learned counsel for the petitioner submits that the
allegation is of 27.12.2025, but the FIR has been lodged on
31.12.2025 and the delay has not been recorded in it. Actually,
the petitioner after harassing the female inmate, was trying to
escape and fell down which resulted into the injury. The fact
that the injury has been found to be simple in nature, supports
the contention put forward by him.
5. Learned APP opposes the prayer submitting that the
allegation of taking him away and causing injury is attributed to
this petitioner.
6. Considering the submissions of the parties as also
the fact that the injury has been found to be simple in nature,
this petitioner has no criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Nawalpur P.S. Case No.
22 of 2026 to the satisfaction of learned J.M. 1 st Class, Bettiah,
West Champaran subject to the conditions as laid down under
Patna High Court CR. MISC. No.34569 of 2026(2) dt.19-05-2026
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Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner 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;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
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;
(vi) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.34569 of 2026(2) dt.19-05-2026
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/S. Prasad
U T
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