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Patna High Court

Sudhir ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, sureties, and specified conditions.

Summary

Sudhir Chaudhary was arrested in connection with a family property dispute where the informant alleged assault on her parents, resulting in simple head injuries. The petitioner sought anticipatory bail under Section 438 of the Criminal Procedure Code, arguing the injuries were minor and he had no prior criminal record. The State and informant opposed bail, emphasizing the seriousness of assault and the familial relationship. The High Court considered the nature of the injuries, the petitioner’s clean record, and the circumstances of the dispute. It granted anticipatory bail subject to a Rs.10,000 bail bond, two sureties, and specific conditions including cooperation with investigation and non‑interference with witnesses. The order also required payment of Rs.20,000 to the injured parties via demand draft.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the allegations of assault.
  • Whether the simple nature of injuries and lack of criminal antecedent justify granting bail.
  • Whether the conditions imposed, including payment to the victims, are appropriate and lawful.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • assault
  • family property dispute
  • simple injury
  • bail conditions
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75647 of 2025
                    Arising Out of PS. Case No.-298 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Sudhir Chaudhary S/o Budhu Chaudhary R/o Village- Akauni, P.S.- Rafiganj,
                 District- Aurangfabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Kamlendra Prasad Singh, Advocate
                 For the State           :        Mr.Jitendra Kumar Singh, APP
                 For the Informant       :        Mr. Gaurav Singh, Advocate
                                                  Mr. Abhijeet Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   24-02-2026                   Heard Mr.Kamlendra Prasad Singh, learned counsel

                   for the petitioner and Mr. Gaurav Singh, learned counsel for the

                   informant as also Mr. Jitendra Kumar Singh, learned APP for the

                   State.

                                 2. The petitioner is apprehending arrest in connection

                   with Rafiganj P.S. Case No. 298 of 2025 instituted under

                   Sections 190, 191(2), 115(2), 126(2), 109(1), 352, 351(2) of the

                   Bhartiya Nayay Sanhita, 2023 lodged on 26.06.2025 by the

                   informant, Rina Kumari.

                                 3. As per the prosecution story, the informant alleged

                   that she being the single child, her uncle have eyes on the

                   paternal property and in continuation of that, they assaulted her

                   father and mother. Both received injuries on the head. They were
Patna High Court CR. MISC. No.75647 of 2025(3) dt.24-02-2026
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          shifted to Sadar Hospital, Aurangabad which followed the FIR.

                       4. Learned counsel for the petitioner submits that a

          scuffle took place. Both sides had some injuries, it has been

          exaggerated, the injury report is at Annexure-2 which shows that

          the same has been found to be simple in nature. The petitioner

          do not have criminal antecedent.

                       5. Last submission is that irrespective of the outcome

          of the present case and/or accepting the allegation, the petitioner

          intends to contribute Rs.10,000/- each (Rs.20000/-) through

          Demand Draft issued by the local State Bank of India

          branch/Any Nationalized Bank to be submitted before the

          concerned Court to be handed over to both the injured after

          checking the credential.

                       6. Learned APP as also learned counsel for the

          informant opposes the prayer submitting that though the injury

          is simple in nature, both suffered injury on the head. It is really

          condemnable that for family property specially when there is

          female child, the accused assaulted their own brother/sister-in-

          law as in the present case.

                       7. However, considering the facts that the petitioner is

          the own brother having no criminal antecedent, injury has been

          found to be simple in nature, in that background, this Court is
Patna High Court CR. MISC. No.75647 of 2025(3) dt.24-02-2026
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          inclined to extend him the privilege of anticipatory bail subject

          to payment of Rs.10,000/- each (Rs.20000/-) through Demand

          Draft issued by the local State Bank of India branch/Any

          Nationalized Bank to be submitted before the concerned Court

          to be handed over to both the injured after checking the

          credential.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

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

          the like amount each in connection with Rafiganj P.S. Case No.

          298 of 2025 to the satisfaction of learned Chief Judicial

          Magistrate, Aurangabad subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C. as also the other 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/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.75647 of 2025(3) dt.24-02-2026
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                       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;

                                    (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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