Patna High Court
Bigan Chaudhary @ Bigan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
2/3
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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