Patna High Court
Munna Choudhary @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted, subject to monetary and procedural conditions, as the Court found no compelling reason to deny bail under Section 482 of the BNSS.
Summary
The petitioner, Munna Choudhary, applied for anticipatory bail anticipating arrest in a case registered as Ishakchak P.S. Case No. 273 of 2025, which alleged offences under Sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with others, assaulted the informant with lathis, causing head injuries. The petitioner contended that he was falsely implicated, the FIR allegations were uncorroborated, the injuries were minor, and he had a clean antecedent. The State opposed the anticipatory bail, arguing the seriousness of the charges. The Court, after considering the submissions, directed that the petitioner be released on bail upon arrest or surrender, subject to a cash bond of Rs.10,000 with two sureties and several conditions under Section 482 of the BNSS. The order also clarified that any observations made would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita.
- Whether the allegations in the FIR, including the nature of injuries, justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 126, 3, 303, 482
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- criminal antecedent
- bail conditions
- offence under sections 126,115,118,109,303,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8315 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Munna Choudhary @ Mukesh Kumar Son of Raghu Choudhary R/o Village -
Laluchak, P.S. - Ishakchak, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Ishakchak P.S. Case No. 273 of 2025
instituted for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, the informant had
alleged that all the FIR named accused persons including the
petitioner variously armed with lathi started assaulting him. It is
further alleged that the petitioner, Shanu Kumar and son of Tetar
Choudhary had assaulted on the informant’s head by means of
lathi.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8315 of 2026(2) dt.17-02-2026
2/3
the petitioner is innocent and has falsely been implicated. It has
been submitted that the allegations levelled in the FIR is not
corroborated by the injury which was sustained by the injured
Raj Verma. It has further been submitted that in the impugned
order the reference to the injury has been made and from mere
reading of the same it would be evident that the same were
simple which is evident by the size of injury which has been
recorded. It is submitted that the allegations are general and
omnibus and the petitioner carries clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
IX/or in-charge, Bhagalpur in connection with Ishakchak P.S.
Case No. 273 of 2025, subject to the conditions as laid down
under Section 482 of the BNSS and subject to the following
conditions:-
Patna High Court CR. MISC. No.8315 of 2026(2) dt.17-02-2026
3/3
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on 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.
(Sourendra Pandey, J)
krishna/-
U T
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