Patna High Court
Satendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and conditions of cooperation under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting the informant's wife with a spade. The FIR contains general and omnibus allegations, but the injury report shows only a simple lacerated wound caused by a blunt object. The petitioners highlighted a case and counter‑case, arguing that the seriousness of the alleged offence is minimal. The State opposed bail, relying on the FIR allegations. Considering the limited nature of the injury, the presence of a counter‑case, and the petitioners' willingness to cooperate, the court granted anticipatory bail on the condition of a Rs.10,000 bond per petitioner, two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, with the provision that bail may be cancelled if they fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under various sections of the BNSS.
- Whether the nature and extent of the injury and the presence of a counter‑case justify the grant of bail.
- Whether conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS can be imposed on the bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352, 482(2), 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- bail bond
- sureties
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88194 of 2025
Arising Out of PS. Case No.-157 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
1. Satendra Choudhary S/O Sudama Choudhary R/o Village- Noniyadih, P.S-
Baghaila, Distt.- Rohtas.
2. Manju Devi W/O Satendra Choudhary R/o Village- Noniyadih, P.S-
Baghaila, Distt.- Rohtas.
3. Bijanti Devi @ Vijyanti Devi @ Bijenti Devi W/O Suchit Choudhary R/o
Village- Noniyadih, P.S- Baghaila, Distt.- Rohtas.
4. Binod Choudhary @ Vinod Chaudhary S/O Mohan Choudhary R/o Village-
Noniyadih, P.S- Baghaila, Distt.- Rohtas.
5. Surendra Choudhary @ Sulendra Chaudhary S/O Sudama Choudhary R/o
Village- Noniyadih, P.S- Baghaila, Distt.- Rohtas.
6. Suchit Choudhary S/O Sudama Choudhary R/o Village- Noniyadih, P.S-
Baghaila, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 109, 74, 303(2), 329(4), 352, 351(2) of the
B.N.S.
3. The allegation in the First Information Report is
that the accused persons including the petitioners herein came
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variously armed and assaulted the wife of the informant by
means of spade on her head causing injury to her.
4. The learned counsel for the petitioners submits
that it would be evident from the First Information Report itself
that there are general and omnibus allegations against all the
petitioners of having assaulted the wife of the informant,
however, the injury report of Kapinta Devi wife of the informant
(Annexure-P/3) would reveal that she suffers only one lacerated
injury which is simple in nature and caused by hard and blunt
object. It has further been submitted that there is case and
counter case and the case filed on the side of the petitioners
against the informant and others has also been brought on record
by way of (Annexure-P/2).
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering that there are general and
omnibus allegation of assault resulting in only one injury that
too simple in nature to one person, coupled with the fact that
there is case and counter case, let the above named petitioners,
be released on bail, in the event of their arrest or surrender
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before the learned Court below within a period of four weeks
from today, 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 Court below where the case is
pending/successor Court in connection with Baghaila P.S. Case
No. 157 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
7. However, the petitioners shall co-operate with
the investigation, if not already concluded and make
themselves available and when so required, failing which the
prosecution will be at liberty to move cancellation of their bail
bond.
(Soni Shrivastava, J)
anand/-
U T
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