Patna High Court
Aman Kumar @Aman Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, a group of individuals from Bahargama village, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita relating to assault and robbery during a land measurement dispute. They alleged that an altercation occurred when the informant attempted to pacify the parties, during which the informant was assaulted with an iron rod and lathi and his gold chain was taken. The petitioners contended that they were innocent, that the allegations against them were vague and omnibus, and that the injuries were mutual in a land boundary fight, emphasizing their clean antecedent. The State opposed the bail application. The court, considering the nature of the accusations, the lack of specific charges against the petitioners, and their clean record, granted anticipatory bail subject to a bail bond and sureties, and directed that if arrested within eight weeks, they be released on bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations and lack of specific charges.
- Whether the allegations against the petitioners are sufficiently specific to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5144 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
1. Aman Kumar @Aman Kumar Chaudhary Son of Indra Kant Chaudhary
Resident of village - Bahargama, P.S.- Khanpur, District - Samastipur, Bihar.
2. Shashikant Chaudhary Son of Ram Naresh Chaudhary Resident of village -
Bahargama, P.S.- Khanpur, District - Samastipur, Bihar.
3. Anil Chaudhary @ Anil Kumar Chaudhary Son of Late Mahendra
Chaudhary Resident of village - Bahargama, P.S.- Khanpur, District -
Samastipur, Bihar.
4. Sunil Chaudhary @ Sunil Kumar Chaudhary Son of Late Mahendra
Chaudhary Resident of village - Bahargama, P.S.- Khanpur, District -
Samastipur, Bihar.
5. Pankaj Chaudhary@ Pankaj Kumar Chaudhary Son of Anil Chaudhary
Resident of village - Bahargama, P.S.- Khanpur, District - Samastipur, Bihar.
6. Pradeep Chaudhary @ Pradeep Kumar Chaudhary Son of Anil Chaudhary @
Anil Kumar Chaudhary Resident of village - Bahargama, P.S.- Khanpur,
District - Samastipur, Bihar.
7. Gopal Chaudhary Son of Harekant Chaudhary Resident of village -
Bahargama, P.S.- Khanpur, District - Samastipur, Bihar.
8. Govind Chaudhary @ Govind Kumar Chaudhary Son of Shashikant
Chaudhary Resident of village - Bahargama, P.S.- Khanpur, District -
Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P.
For the Informant : Mr. Raja Ram Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109(1),
Patna High Court CR. MISC. No.5144 of 2026(2) dt.03-02-2026
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303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that during measurement of land,
altercation took place between the parties and when informant
went to pacify, these petitioners assaulted him by means of iron
rod and lathi and snatched gold chain from his neck.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. On
account of land boundary dispute between them, maar-peet took
place between the parties in which both sides inflicted injuries
on each other. Specific accusation of assault is against other co-
accused persons. Allegation against petitioners is general and
omnibus and there is no specific allegation of overt act against
them. Case and counter case. Rest of the allegations are
ornamental only to make the case grave. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, case and
counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
Patna High Court CR. MISC. No.5144 of 2026(2) dt.03-02-2026
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furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Samastipur in connection with Khanpur P.
S. Case No. 279 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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