Patna High Court
Sudhir ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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