Patna High Court
Daso chaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under its inherent powers under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Daso Chaudhary, filed an anticipatory bail application fearing arrest in a case (Karandey P.S. Case No. 37 of 2024) involving alleged offences under multiple sections of the IPC, including assault, robbery, and attempt to murder. The FIR alleges that Chaudhary, along with co‑accused, assaulted a woman and her family members. The petitioner contended he was innocent, had no criminal antecedent, and that the primary allegations were against other co‑accused, one of whom had already been granted anticipatory bail. The State opposed the bail. After hearing both sides, the court, invoking its powers under Section 482(2) of the Criminal Procedure Code, ordered that the petitioner be enlarged on anticipatory bail, subject to surrendering within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, and complying with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 CrPC in view of the serious offences alleged in the FIR
- Whether the petitioner’s lack of prior criminal record and the bail granted to co‑accused warrant the issuance of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 149, 279, 307, 323, 324, 325, 338, 341, 354, 504
Subjects
- anticipatory bail
- Section 482 CrPC
- Indian Penal Code
- serious offences
- bail conditions
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88883 of 2025
Arising Out of PS. Case No.-37 Year-2024 Thana- KARANDAY District- Sheikhpura
======================================================
Daso Chaudhary Son of Late Tetar Chaudhary R/o Village - Dhari, P.S. -
Karandey, Dist. - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Karandey P.S. Case no. 37 of 2024 instituted for the offence under
Sections 147, 149, 341, 323, 324, 325, 307, 338, 279, 354(B) and
504 of the IPC.
3. As per allegation in the FIR, petitioner along with other
accused persons came at the house of the informant and started
abusing and assaulting her. Co-accused Sunny Chaudhary torn her
clothes due to which she became half naked. When her family
members tried to save her co-accused Sachin Kumar also assaulted
them due to which they got injured.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.88883 of 2025(2) dt.06-01-2026
2/2
offence. He further submits that the main allegation of assault is
against co-accused Sunny Chaudhary and Sachin Kumar. Similarly
situated co-accused namely Sunil Kumar Chaudhary @ Sunil
Chaudhary has already been granted anticipatory bail by this Court
vide order dated 18.12.2025 passed in Cr. Misc. No. 86053 of 2025.
Petitioner has got no criminal antecedent.
5. Learned APP appearing for the State has opposed the
prayer of Bail.
6. Having heard learned counsel for the parties and in the
facts and circumstances of the case as stated above, this Court is
inclined to enlarge the petitioner on bail. The petitioner is directed to
surrender in the Court below within a period of four weeks from
today and in the event of his arrest or surrender in connection with
Karandey P.S. Case no. 37 of 2024, he will be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of learned JM-1st
Class, Sheikhpura, subject to the conditions as laid down under
section 482(2) of the BNS.
(S. B. Pd. Singh, J)
khushbu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.