Patna High Court
Binod Chaudhary @ Vinod ChaudhriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, exercising its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Binod Chaudhary and Pintu Chaudhary, were implicated in a criminal case (PS Nardiganj, Case No. 106 of 2025) alleging assault on an informant and his family and outraging the modesty of a female family member, under multiple sections of the Bharatiya Nyaya Sanhita. They applied for anticipatory bail, claiming innocence, that the incident stemmed from a land dispute, and that they have no prior criminal record, while a similarly situated co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the High Court ordered that the petitioners be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order reflects the Court’s exercise of its inherent powers to prevent undue arrest and ensure cooperation with investigation. The bail was granted conditionally, pending compliance with the stipulated terms.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the presence of a land‑dispute motive and lack of prior criminal record justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 125, 126(2), 127(2), 191(1), 191(3), 192, 303, 351(2), 352, 76
Subjects
- anticipatory bail
- Section 482
- inherent powers of High Court
- land dispute
- assault
- outraging modesty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78424 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- NARDIGANJ District- Nawada
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1. Binod Chaudhary @ Vinod Chaudhri S/o Fagu Chaudhary Resident of
Village - Bhat Bigha, Kahuara, P.S.- Nardiganj, District- Nawada
2. Pintu Chaudhary S/o Fagu Chaudhary Resident of Village - Bhat Bigha
Kahuara, P.S - Nardiganj, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 127(2), 109, 191(1), 192,
191(3), 352, 351(2), 303, 76, 125, 115(2) and 118(2) of
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, all the accused persons
including the petitioners assaulted the informant and his family
members due to which they sustained injuries. The accused
persons also outraged the modesty of the female member of
informant’s family.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that due to land dispute, an
Patna High Court CR. MISC. No.78424 of 2025(2) dt.05-01-2026
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altercation took place between the parties in which both sides
sustained injuries. There is case and counter case between the
parties. Similarly situated co-accused Ranjeet Chaudhary has
already been granted anticipatory bail by a Co-ordinate Bench
of this Court vide order dated 27.08.2025 passed in Cr. Misc.
No. 55092 of 2025. Petitioners have no criminal antecedent.
They undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-I, Nawada in connection with Nardiganj P.S. Case
No. 106 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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