Patna High Court
Bharat Chaudhary @ Bharath ChaudharyversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Petitioner no.1 was granted pre‑arrest bail, while petitioner no.2 was directed to surrender and apply for regular bail.
Summary
The petitioners, Bharat Chaudhary and Bhola Chaudhary, were implicated in FIR No. 420/2025 for assaulting an informant and his brother with intent to kill, invoking sections 126(2), 115(2), 109, 117(2), 352 and 3(5) of the BNS. They applied for pre‑arrest bail, claiming innocence and clean antecedents, while the State opposed, alleging specific violent acts, especially by petitioner no.2. The Court examined the FIR allegations and found that the injury to the informant could not be conclusively linked to petitioner no.1, thereby establishing a prima facie case for bail. Consequently, the Court ordered pre‑arrest bail for petitioner no.1 subject to a bond and verification of his criminal record, but directed petitioner no.2 to surrender and seek regular bail based on the material gathered. The petition was disposed, with the bail order conditioned under Section 482(2) of the BNSS.
Issues considered
- Whether petitioner no.1 is entitled to pre‑arrest bail despite allegations of assault with intent to kill.
- Whether petitioner no.2 should be granted pre‑arrest bail given the specific allegation of assault causing a fracture.
Legislation cited
Subjects
- pre‑arrest bail
- assault
- intent to kill
- Section 482 CrPC
- bail conditions
- FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6110 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
1. Bharat Chaudhary @ Bharath Chaudhary S/O Bhola Chaudhary Resident of
village- Thalposh, P.S.- Pakaribarawan, District- Nawada
2. Bhola Chaudhary S/O Late Maulvi 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.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 15-04-2026 Heard Mr. Krishna Deo Raj, learned counsel
appearing on behalf of the petitioner and Mr. Prem Kumar Jha,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Pakaribarawan P.S. Case No. 420 /2025 registered for the
offence(s) punishable under Sections 126(2),
115(2),109,117(2),352,3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners have assaulted
the informant and his brother with an intention to kill, causing
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injuries.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is case and
counter case between the parties. Petitioners have clean
antecedents. On these grounds, petitioners seek to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail and submitted that there is a
specific allegation against petitioner no. 2 of having assaulted
the informant’s brother with a rod, resulting in a fracture of his
hand. So far as petitioner no.1 is concerned, he along with
petitioner no.2 and one other co-accused Bhagirath Chaudhary
assaulted the informant on his head with an intention to kill.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, it is evident that the informant has received
head injury but it cannot be ascertained, as to whether the said
injury is attributable to the petitioner no.1, I am of the opinion
that petitioner no.1 has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner no.1 , above named, is directed to
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be released on pre-arrest bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-II, Nawada /
Concerned Court in connection with Pakaribarawan P.S. Case
No. 420 /2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner no.1 and if it is found that
the petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
9. So far as petitioner no.2 is concerned,
considering the specific allegation against him of assaulting
the brother of the informant with a rod, resulting in a
fracture of his hand, the petitioner no.2, if so advised, may
surrender before the learned District Court and seek regular
bail. In that case, the learned District Court is directed to
consider the bail application of the petitioner no.2 on the same
day and pass necessary order on the basis of material which has
come in course of investigation without delay.
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10. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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