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Patna High Court

Bigan Chaudhary @ Bigan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Bigan Chaudhary, was in custody for offences alleged under several sections of the B.N.S., including assault and other serious crimes, based on an FIR filed by informant Munna Yadav. The petitioner had been detained since 12 February 2025, had no prior criminal record, and submitted an undertaking to appear for trial and not engage in further criminal activity. The State and the informant’s counsel concurred that the allegation involved a blow to the head. Considering the petitioner’s clean antecedent and the undertaking, the Court decided to grant bail with a bond of Rs. 10,000 and two sureties, imposing conditions such as regular court appearances, police station attendance, non‑interference with witnesses, and abstention from further offences. Failure to comply with these conditions would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges and prolonged pre‑trial detention
  • Whether the petitioner’s clean antecedent and undertaking justify bail with conditions

Subjects

  • bail
  • criminal procedure
  • IPC
  • assault
  • custody
  • conditions of bail
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6795 of 2026
                     Arising Out of PS. Case No.-566 Year-2024 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Bigan Chaudhary @ Bigan Yadav S/o Late Baburam Chaudhary R/O Village-
                 Sarauti, Police Station- Pachrukhi, District- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Devendra Kumar, Advocate
                 For the State           :       Mr.Jitendra Kumar Singh, APP
                 For the Informant       :       Mrs. Kumari Anupam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-02-2026                   Heard Mr. Devendra Kumar, learned counsel for the

                   petitioner, Mrs. Kumari Anupam,                 learned counsel for the

                   Informant and Mr. Jitendra Kumar Singh, learned APP.

                                 2. The petitioner is in custody in connection with

                   Panchrukhi P.S. Case No. 566 of 2024 for the offence

                   punishable under Sections 126(2), 115(2), 118(1), 109, 302(2),

                   352. 351(2) and 3(5) of the B.N.S. lodged on 01.12.2024 by the

                   informant, Munna Yadav,

                                 3. As per the prosecution story, the informant alleged

                   that he was ploughing the field when the agnates including the

                   petitioner reached, allegation against this petitioner is of giving

                   'dab' blow on the head of the informant causing injury. Later,

                   they escaped. This led to the FIR.
Patna High Court CR. MISC. No.6795 of 2026(3) dt.13-02-2026
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                       4. Learned counsel for the petitioner submits that he

          has already suffered by being in custody since 12.02.2025 and

          undertakes not to indulge in any criminal activity and shall be

          diligently appearing in trial without fail.

                       5. Learned counsel for the State as also learned

          counsel representing the informant jointly submit that allegation

          against this petitioner is of hitting of the head.

                       6. Though the allegation is there, he has remained in

          custody since 12.02.2025, has no criminal antecedent, an

          undertaking has been given as recorded above, in that

          background, this Court is inclined to extend him the privilege of

          bail with conditions.

                       7. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned District and

          Additional Sessions Judge-IX, Siwan, in connection with

          Panchrukhi P.S. Case No. 566 of 2024 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his bona fide;
             Patna High Court CR. MISC. No.6795 of 2026(3) dt.13-02-2026
                                                         3/3




                                    (ii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iii) the petitioner shall appear before the concerned

                       police station every fortnight for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (iv) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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