Patna High Court
Sugan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Petitioners Sugan Chaudhary and Krishna Chaudhary applied for anticipatory bail fearing arrest in a case (Sarmera P.S. Case No. 113 of 2025) alleging offences under several sections of the B.N.S., including assault with an iron rod. The prosecution alleged that the petitioners assaulted the victim, causing simple injuries. The petitioners contended they were falsely implicated, had a clean antecedent, and the injury was minor. The State opposed the anticipatory bail. The High Court, after considering the submissions, allowed the anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences.
- Whether the nature of the alleged offences and the petitioners' antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 191(2), 191(3), 303(2), 324(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- assault
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73973 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- SARMERA District- Nalanda
======================================================
1. Sugan Chaudhary S/O Late Moti Chaudhary R/O Village- Dhanama, P.s.-
Sarmera, District- Nalanda
2. Krishna Chaudhary S/O Late Lalji Chaudhary R/O Village- Dhanama, P.s.-
Sarmera, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Sarmera P.S. Case No. 113 of 2025 registered
for the offence under Sections 191(2)/ 191(3)/ 126(2)/ 115(2)/
109(1)/ 303(2)/ 324(4) of the B.N.S.
3. As per the prosecution case, petitioners are
alleged to have assaulted the victim with iron rod and lathi due
to which he sustained injury.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
Patna High Court CR. MISC. No.73973 of 2025(4) dt.10-03-2026
2/2
injury sustained by the victim is simple in nature. Petitioners
have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned J.M. 1 st,
Biharsharif, Nalanda/ concerned Court below in connection with
Sarmera P.S. Case No. 113 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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