Patna High Court
Mukesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to both petitioners, subject to a bail bond of Rs.10,000 and two sureties each, if they surrender or are arrested within four weeks.
Summary
Mukesh Chaudhary and Anil Chaudhary applied for anticipatory bail fearing arrest in a case (Jogapatti PS Case No. 224 of 2025) registered under sections 303(2), 317(2) and 317(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleges that the petitioners, along with a third accused, attempted to steal the informant's motor pump, but only the third accused was caught and the petitioners escaped. The petitioners contended that they were falsely implicated, were not arrested at the scene, and no incriminating material was recovered from them; they also have no prior criminal record and offered to cooperate with the investigation. The State opposed the anticipatory bail. After hearing both sides, the Court noted the lack of arrest and absence of seized articles and, considering the allegations, directed that the petitioners be released on anticipatory bail if they surrender or are arrested within four weeks, subject to a bail bond of Rs.10,000 and two sureties of the same amount. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under sections 303(2), 317(2) and 317(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the facts disclosed in the FIR justify denial of anticipatory bail on grounds of likelihood of fleeing or tampering with evidence.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(5)
Subjects
- anticipatory bail
- theft
- motor pump
- false implication
- criminal procedure
- Bhartiya Nyaya Sanhita
- West Champaran
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3766 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
1. Mukesh Chaudhary S/o Baldev Chaudhary Resident of Village - Pujaha,
P.S.- Srinagar, District - West Champaran
2. Anil Chaudhary S/o Lalan Chaudhary Resident of Village - Pujaha, P.S.-
Srinagar, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Jogapatti P.S. Case no. 224 of 2025 registered under
sections 303(2), 317(2) and 317(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that the three named accused persons including the two
petitioners herein made an attempt to steal the motor pump of
the informant which he uses in irrigation of his agricultural land.
It is stated that Arjun Chaudhary was caught along with motor
pump while the two petitioners herein managed to escape.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.3766 of 2026(2) dt.28-01-2026
2/2
petitioners have been falsely implicated in the case. From the
FIR itself it would transpire that they were neither arrested at
the spot nor any incriminating article recovered from their
possession. The petitioners have no criminal antecedent and
undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioners in
the F.I.R., the petitioners not having been arrested at the spot
and no incriminating article having been recovered from their
possession, it is directed that both the petitioners above named,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Jogapatti P.S. Case no. 224 of 2025 on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge,
Bettiah, West Champaran.
(Partha Sarthy, J)
Shiv/-
U T
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