Patna High Court
Dharmendra Kumar Chaudhary @ Dharmendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted to the petitioner as there is no material evidence of his participation beyond a confessional statement, and his clean antecedent warrants relief.
Summary
The petitioner, Dharmendra Kumar Chaudhary, sought anticipatory bail after learning that he might be arrested in a case involving offences under Sections 364, 364A, 368, 367 and 120B of the Indian Penal Code. The FIR alleged that co‑accused had assaulted an informant, demanded money and forged a large agreement, but the petitioner’s name does not appear in the FIR; it only surfaced through a confessional statement of another accused, Babban Chaudhary. The petitioner asserted his innocence, clean antecedents and the absence of any material evidence linking him to the crime apart from the confessional statement. The State opposed the bail application. Considering the lack of substantive evidence, the petitioner’s clean record and the nature of the allegations, the court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and the condition that the petitioner surrender within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the only link to the petitioner is a confessional statement of a co‑accused.
- Whether the petitioner can be deemed complicit in the alleged offences in the absence of any material evidence beyond the confessional statement.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120B, 364, 364A, 367, 368
Subjects
- anticipatory bail
- confessional statement
- clean antecedent
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85930 of 2025
Arising Out of PS. Case No.-199 Year-2024 Thana- NOORSARAI District- Nalanda
======================================================
Dharmendra Kumar Chaudhary @ Dharmendra Chaudhary Son of Balkrishun
Chaudhary Resident of village -Amba Nagar PS- Noorsarai District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Mr. Rajnish, Advocates
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
For the Informant : Mr. Anirudh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 364, 364(A), 368, 367,
120B of the Indian Penal Code.
3. As per F.I.R., named accused persons took
informant in their Scorpio vehicle, brutally assaulted him and
demanded Rs. 40,000/-. It is further alleged that co-accused
Dharamvir took fingerprints of the informant on stamp paper
and made forged agreement of Rs. 39 lacs.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during
Patna High Court CR. MISC. No.85930 of 2025(3) dt.16-03-2026
2/2
investigation in confessional statement of co-accused Babban
Chaudhary who stated that this petitioner was also involved in
the alleged offence. Save and except confessional statement,
there is no other material to show complicity of the petitioner in
the alleged offence. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Nalanda, Bihar Sharif in connection with Excise Noorsarai P. S.
Case No. 199 of 2024, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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