Patna High Court
Ganesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding that the circumstances warranted release.
Summary
Ganesh Chaudhary was arrested in connection with a case (Biraul PS No.133 of 2025) alleging assault and firing on an informant and a female family member, under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioner claimed innocence, arguing that the informant was a notorious criminal, that no injury report existed for the informant, and that he had filed a complaint against the informant. The State opposed bail. The court noted the absence of an injury report, the petitioner’s prolonged custody since 19‑05‑2025, and the filing of the charge‑sheet, and consequently ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as one bailor and attendance at all court dates. The bail was granted subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the absence of an injury report and the filing of the charge‑sheet justify bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(4), 3(5), 351(2), 352, 480(3), 74
Subjects
- bail
- criminal procedure
- assault
- firearms
- injury report
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69762 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Ganesh Chaudhary son of Late Lalo Chaudhary Resident of Village-
Manikpur, Saho, Post- Sahri, Ps- Biraul, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Pranav Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Biraul P.S. Case No. 133 of 2025 registered for
the alleged offences under Sections 329(4), 126(2), 115(2), 109,
74, 352 and 351(2) r/w Section 3(5) of Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
03. As per prosecution case, in the background of
earlier dispute, the petitioner and other co-accused persons
abused and assaulted the informant. The petitioner opened fire
on the informant who sustained injury in his right hand and co-
accused Manoj Chaudhary opened fire on one of the female
inmates of the informant’s family, who received a gunshot
injury in her right thigh.
Patna High Court CR. MISC. No.69762 of 2025(3) dt.06-01-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that the informant is
himself a notorious criminal and as the petitioner is on inimical
terms with the informant, he has been falsely implicated in the
instant case. The informant did not receive any injury and there
is no injury report. Learned counsel further submits that the
petitioner has also filed a complaint case against the informant
and others vide CR No. 110 of 2025. Learned counsel further
submits that there is no injury report of the informant which
falsifies the allegation against the petitioner. The petitioner is in
custody since 19.05.2025 and charge-sheet has been submitted.
The petitioner is having antecedent of one case but the police
has submitted final form in that case.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury report of the informant and also considering
the period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.69762 of 2025(3) dt.06-01-2026
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thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Biraul, Darbhanga/court concerned in connection with Biraul
P.S. Case No. 133 of 2025, subject to the conditions mentioned
in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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