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Patna High Court

Nitish ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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