Patna High Court
Ram Pravesh ChaudhurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioners subject to a bond and conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Ram Pravesh Chaudhary and his family members, sought bail in a criminal case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault with a lathi and theft of cash, ornaments, and a mobile phone. They contended that the assault allegations were vague and that the other charges were merely ornamental, emphasizing their clean antecedent. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the factual matrix and found no compelling reason to deny bail, noting the lack of specificity in the accusations and the petitioners' good record. Consequently, the Court granted bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners in a case involving alleged assault and theft under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352
Subjects
- bail
- assault
- theft
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3974 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- KESARIA District- East Champaran
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1. Ram Pravesh Chaudhur S/O Late Mahendra Chaudhur Resident of village-
Bankat, Ward No.- 13, P.S- Kesariya, Dist.- East Champaran.
2. Chanchal Devi W/O Ram Pravesh Chaudhur Resident of village- Bankat,
Ward No.- 13, P.S- Kesariya, Dist.- East Champaran.
3. Rishu Kumar @ Bhola S/O Ram Pravesh Chaudhur Resident of village-
Bankat, Ward No.- 13, P.S- Kesariya, Dist.- East Champaran.
4. Sumant Kumar S/O Ram Pravesh Chaudhur Resident of village- Bankat,
Ward No.- 13, P.S- Kesariya, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Hemant Ray, Advocates
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126(2), 115(2), 109,
303(2), 324(4), 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Allegation against these petitioners is to assault the
informant with lathi, sticks and rod. It is further alleged that
they also snatched cash, ornaments and mobile phone from him.
4. Learned counsel appearing for the petitioners
submits that allegation of assault is general, vague and
sweeping. Rest of the allegations are ornamental in nature.
Patna High Court CR. MISC. No.3974 of 2026(2) dt.03-02-2026
2/2
Petitioners claim clean antecedent.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate,
Motihari, East Champaran in Kesariya Police Station Case No.
202/2025, subject to the conditions laid down under section 482
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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