Patna High Court

Badal chaudharyversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Badal Chaudhary was arrested in connection with a case registered under multiple sections of the Bihar Negotiable Instruments Act, 2023, including alleged theft of Rs.1,62,000 from an informant’s pocket and assault with an iron rod and bricks. The petitioner claimed he was falsely implicated, argued that the amount could not be concealed in a pocket, and asserted he had no criminal antecedents and had been in judicial custody since 4 August 2025. The State opposed his bail application. After hearing both sides, the High Court found the prosecution’s case insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Additional Sessions Judge‑XI, Nawada.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the Bihar Negotiable Instruments Act, 2023.
Whether the allegation of taking Rs.1,62,000 from the informant’s pocket establishes a prima facie case to deny bail.

Subjects

bail
criminal procedure
theft
assault
false implication
judicial custody
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88904 of 2025
                     Arising Out of PS. Case No.-231 Year-2025 Thana- Kadirganj P.S. District- Nawada
                 ======================================================
                 Badal chaudhary Son of Gore Lal Chaudhary Resident of Village-
                 Khajurbigha, P.S.- Kadirganj, District- Nawada

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Advocate
                                                   Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                      Heard Mr. Bipin Kumar, learned counsel for the

                   petitioner and Mr. Ganesh Prasad Singh, learned APP for the

                   State.

                                 2. The petitioner has prayed for bail in connection

                   with Sessions Trial No. 603 of 2025 arising out of Kadirganj

                   P.S. Case No. 231 of 2025 registered for the offence punishable

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,

                   303(2) and 352 of the B.N.S., 2023.

                                 3. The case of the prosecution in short is that the

                   petitioner has taken away Rs. 1,62,000/- from the pocket of the

                   informant. In the first part of the FIR, it is alleged that other

                   accused persons have assaulted with an iron rod and bricks.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.88904 of 2025(2) dt.22-01-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that though

          there is an allegation that the petitioner has taken Rs. 1,62,000/-

          from the pocket of the informant, the story that has been created

          by the prosecution is palpably false, as it is not possible to keep

          such a huge amount in a pocket. It may be kept in a bag. No

          other allegation is against the petitioner. It has also been

          submitted that no recovery has been made from the possession

          of this petitioner. He further submits that a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          04.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          Additional Sessions Judge-XI, Nawada in connection with
           Patna High Court CR. MISC. No.88904 of 2025(2) dt.22-01-2026
                                                       3/3




                     Sessions Trial No. 603 of 2025 arising out of Kadirganj P.S.

                     Case No. 231 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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