Patna High Court
Jairam ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Jairam Chaudhary and Mukesh Chaudhary, were arrested in connection with a case (Baghaila P.S. Case No. 156 of 2025) alleging multiple offences under the B.N.S., stemming from an altercation between two families that resulted in assault and injuries to the informant and her family. The prosecution described the injuries as simple, except for two grievous injuries to the informant's husband, and argued that the dispute was personal and reciprocal, with a counter‑FIR also filed. The petitioners contended that the allegations were omnibus, that they have clean antecedents, and that the injuries were not severe. The State opposed bail, citing the seriousness of the offences. The court, after considering the submissions, ordered the release of the petitioners on bail of Rs. 10,000 each with two sureties, imposing conditions such as presence before the trial court and verification of criminal antecedents, and clarified that the order’s observations would not affect the trial.
Issues considered
- Whether bail should be granted to the accused despite the nature of the offences and alleged injuries
- Whether the presence of simple versus grievous injuries and the personal dispute context affect bail eligibility
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- personal dispute
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85483 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- BADHAILA District- Rohtas
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1. Jairam Chaudhary S/O Bhagwan Chaudhary R/O Village- Noniya Dih, P.S-
Baghaila, Distt.- Rohtas at present resident of Village- Shankar Tola, P.S-
Nokha, Distt.- Rohtas.
2. Mukesh Chaudhary S/O Vijay Chaudhary R/O Village- Shankar Tola, P.S-
Nokha, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the state.
2. The petitioners seeks bail in connection with
Baghaila P.S. Case No. 156 of 2025, dated 04.10.2025,
instituted for the offences under Sections 109, 191(2), 190,
126(2), 115(2), 74, 303(2), 329(4), 352, 351(2) of the B.N.S.
3. As per prosecution case, the informant has alleged
that, in the morning some altercation took place between two
persons and thereafter all the accused persons variously armed
with lathi and danda started assaulting the informant and even
abused her. When her son and daughter came to rescue her, they
also assaulted them and even the husband of the informant was
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assaulted, causing grievous injury.
4. Learned counsel for the petitioners submit that
there is general and omnibus allegation against the petitioners. It
has been submitted that the injury report has been brought on
record and from perusal of the same, all the injuries sustained by
the members of the prosecution parties are found to be simple in
nature, except two injuries sustained by the husband of the
informant, though, on the non vital part of the body. It has next
been submitted that the occurrence took place on account of
some personal dispute between the two families, who are the
members and which escalated to such an occurrence that there
was case and counter case between the parties and another F.I.R.
bearing Baghaila P.S. Case No. 157 of 2025 was lodged on
behalf of the defence side, by the petitioner no. 1 of this case. It
has also been stated that the injuries were sustained by both the
sides and the petitioners carry clean antecedent and they are in
custody since 05.10.2025. It has further been submitted that the
husband of the informant has sustained grievous injuries, though
on the non vital part of the body.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid submissions, the
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petitioners above named, are directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned S.D.J.M., Sasaram, Rohtas in connection with
Baghaila P.S. Case No. 156 of 2025, subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners 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 bond of the petitioners
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
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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)
pravinkumar/-
U T
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