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Patna High Court

Bharat Chaudhary @ Bharath ChaudharyversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

  • BNS — s. 109, 115(2), 117(2), 126(2), 3(5), 352
  • BNSS — s. 482(2)

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
Patna High Court CR. MISC. No.6110 of 2026(4) dt.15-04-2026
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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
Patna High Court CR. MISC. No.6110 of 2026(4) dt.15-04-2026
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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.
           Patna High Court CR. MISC. No.6110 of 2026(4) dt.15-04-2026
                                                       4/4




                                  10. The present petition stands disposed of.



                                                (Purnendu Singh, J)
Sanjay/-

U      T


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