Patna High Court

Bhagirath ChaudharyversusThe State of Bihar

Decided: 4 February 2026
Disposal: REJECTED
Bench: RAMESH CHAND MALVIYA

Holding

The court denied anticipatory bail to the petitioner.

Summary

Bhagirath Chaudhary, a 20‑year‑old resident of Thalposh, was implicated in an FIR alleging that he, along with others, assaulted an informant and his brother over a neighbourly land‑dispute on 17 October 2025. The FIR, lodged three days later, charges him with offences under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the BNS, describing grievous injury to one victim and simple injury to another. The petitioner applied for anticipatory bail, claiming innocence, lack of criminal antecedent, and that the FIR was filed with an unexplained delay. The State opposed the bail, emphasizing the specific allegations of assault and the seriousness of the injuries. After considering the FIR details and the submissions, the court declined to grant anticipatory bail, rejecting the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the specific assault allegations in the FIR.
Whether the three‑day delay in lodging the FIR and the alleged land‑dispute affect the bail decision.
Whether the petitioner’s claim of no prior criminal record is sufficient to merit bail.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 117(2), 126(2), 3(5), 352

Subjects

anticipatory bail
assault
FIR delay
land dispute
grievous injury
criminal antecedent

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.5853 of 2026

                      Arising Out of PS. Case No.-420 Year-2025 Thana- PAKARIBARAW
                                                 District- Nawada
                 ======================================================
                 Bhagirath Chaudhary, aged-20 years, S/o Bhola Chaudhary Resident of
                 village - Thalposh, P.S - Pakaribarawan, District - Nawada
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Krishna Deo Raj, Advocate
                 For the Opposite Party/s       :         Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                                 ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. Petitioner seeks anticipatory bail in a case

                   registered for the offences punishable under Sections126(2),

                   115(2), 117(2), 109, 352, 3(5) of the BNS.

                               3. As per allegation in the FIR, on 17.10.2025, the

                   petitioner along with other co-accused persons started abusing

                   and assaulting the informant and his brother over a quarrel for

                   throwing garbage after which the accused persons threw bricks

                   and also assaulted the informant and his family members with

                   iron rod upon which informant and his brother got several

                   injuries.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.5853 of 2026(2) dt.04-02-2026
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          case. He next submits that the alleged occurrence took place on

          17.10.2025 but the FIR was lodged on 20.10.2025 after a delay

          of three days without any plausible explanation. He next

          submits that both the parties are neighbours and hence, there is

          admitted land dispute between the parties for passage. He next

          submits that after examining the injured, the Doctor has given

          his opinion that injury of injured, Dharmendara Chaudhary is

          grievous in nature but injury of informant, namely, Upendra

          Chaudhary is simple in nature. He next submits that petitioner

          has got no criminal antecedent as stated in para-3 of the bail

          petition.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that there is specific

          allegation of assault against the present petitioner.

                       6. On perusal of the First Information Report,

          Impugned Order dated 22.12.2025, it appears that there is direct

          and specific allegation of assault upon the present petitioner and

          also the fact that injury sustained by injured, Dharmendra

          Chaudhary is grievous in nature and injury sustained by injured,

          Upendra Chaudhary is simple in nature. So, considering

          aforesaid facts and circumstances of the case and submissions

          made by learned counsels for both the parties, I am not inclined
             Patna High Court CR. MISC. No.5853 of 2026(2) dt.04-02-2026
                                                         3/3




                       to grant anticipatory bail to the petitioner.

                                    7. Accordingly, the prayer for anticipatory bail of the

                       petitioner is hereby rejected.



                                            (Ramesh Chand Malviya, J)

Harshita/-
U       T

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