Patna High Court
Kapil Kumar Chaudhary @ Kapil ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petitioners’ application for anticipatory bail, subject to prescribed conditions.
Summary
The petitioners, three members of the Chaudhary family, applied for anticipatory bail fearing arrest in a criminal case (Rahika P.S. Case No. 26 of 2025) that alleged offences such as assault, extortion, and damage to property under various sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case was based on an informant’s claim that the petitioners, armed with deadly weapons, attacked him and his companion, snatched a gold chain and damaged a motorcycle. The petitioners contended that the allegations were false, motivated by personal enmity, and that the informant himself faced a separate case; they also asserted a clean antecedent and that some offences were not compoundable. The State opposed the grant of anticipatory bail. After considering the submissions, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including bail bonds of Rs 10,000 with two sureties and various compliance requirements. The order emphasized that the observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the offences alleged are compoundable, affecting the grant of bail.
- Whether the petitioners’ claim of a clean antecedent and alleged falsehood of the informant’s allegations merit bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 131, 303(2), 308(5), 324(5), 333, 3(5), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- assault
- extortion
- non‑compoundable offences
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81913 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
1. Kapil Kumar Chaudhary @ Kapil Chaudhary, S/o Laxmi Chaudhary;
2. Laxmi Chaudhary, S/o Dhanik Lal Chaudhary;
3. Laxman Chaudhary @ Laxman Kumar Chaudhary @ Lakshman Chudhary,
S/o Uttim Lal Chaudhary;
All are R/o Village- Jagatpur, P.S.- Rahika, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Rahika P.S. Case No. 26 of 2025 registered for
the offence(s) under Section(s) 333, 131, 115(2), 324(5), 308(5),
303(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 (B.N.S.).
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3. As per the prosecution case, the informant has
alleged that while he was going along with his friend to his land
for the demarcation of the same, the named accused persons
including the petitioners, armed with deadly weapons, came to
him and on protest, they all started assaulting the informant and
his friend with lathi, fists, legs etc. It has further been alleged
that co-accused/Rupesh Paswan called other accused persons
and they all started supporting the accused/Kapil Chaudhary. It
has also been alleged that the petitioner assaulted and snatched
away gold chain and also damaged the motorcycle.
4. It has been submitted on behalf of the petitioners
that the allegations of demand of extortion and assault are all
false and frivolous and there is no evidence to support the same.
It has next been submitted that no such occurrence has taken
place as stated by the informant and, in fact, the informant and
others are accused in Rahika P.S. Case No. 11 of 2025 and in
order to settle personal scores, the present false and fabricated
case was lodged. It has been submitted that the parties have
also compromised though few offences are not compoundable.
It has lastly been submitted that the petitioners have clean
antecedent.
5. The learned A.P.P. for the State has vehemently
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opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Rahika P.S. Case No. 26 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure, 1973 read with corresponding Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as
subject to the following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) If the petitioners, in future, is found to be
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involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of their bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that they have concealed their criminal antecedent,
the Court concerned shall take necessary steps for
cancellation of their bail bond. However, the acceptance
of bail bond in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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