Patna High Court
Nitish ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to conditions.
Summary
Nitish Chaudhary was arrested in connection with a case involving alleged assault, robbery and theft, charged under multiple sections of the BNS, 2023. The petitioner sought bail, arguing that he has a clean antecedent and that the FIR contains only a generic, omnibus allegation against all accused, with no specific act attributed to him. The State opposed the bail. The court examined the lack of specific allegations and the petitioner's clean record, and consequently ordered his release on bail subject to a cash bond and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail bond was to be secured with two sureties and the court below was directed to verify the petitioner's antecedents without delaying the bail. The order also stipulated cancellation of bail for non‑appearance or concealment of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple serious offences
- Whether the lack of specific allegation against the petitioner in the FIR warrants grant of bail
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 352
Subjects
- bail
- criminal procedure
- clean antecedent
- omnibus allegation
- sections 191
- section 190
- section 126
- section 115
- section 118
- section 109
- section 303
- section 352
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3785 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- Kadirganj P.S. District- Nawada
======================================================
Nitish Chaudhary Son of Ajay Chaudhary @ Marua Resident of Village -
Khargu Bigha, Police Station - Kadirganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Shankar Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
23.10.2025 in connection with Kadirganj P.S. Case No. 231 of
2025, F.I.R. dated 03.08.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,
303(2) & 352 of the BNS, 2023.
3. According to prosecution case, all the FIR named
accused persons, including the petitioner armed with lathi,
danda and iron rod surrounded the vehicle of the informant and
assaulted them and also snatched Rs. 1,62,000/- from the pocket
of the cousin of the informant. It is further alleged that the
petitioner has snatched gold locket from the neck of the
informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3785 of 2026(2) dt.27-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Although, the petitioner is named
in the FIR but from a bare perusal of 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. The Police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
23.10.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that the petitioner has clean
antecedent and there is no specific allegation of any assault or
overt act attributed against the petitioner in the FIR, 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 the learned A.D.J.-XI,
Nawada in connection with Kadirganj P.S. Case No. 231 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.3785 of 2026(2) dt.27-01-2026
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and shall remain physically present as directed by the court and
on 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)
Ranjeet/-
U T
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