Patna High Court
Chandra Shekhar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioners' clean antecedent and the simple nature of the injuries, bail should be granted subject to statutory conditions.
Summary
The petitioners, Chandra Shekhar Chaudhary and Sujal Kumar, sought bail fearing arrest in a case (PS Case No. 172 of 2025) where they were accused of assault with an iron rod, theft of a locket and Rs.1200, under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, attacked the informant and his brother, causing injuries. The petitioners contended they have a clean antecedent, were falsely implicated, and that the injuries were minor, caused by a blunt object. The court noted the clean antecedent, the simple nature of the injuries, and the existence of a case‑and‑counter‑case, and therefore granted bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties, cooperation with the trial, and provisions for cancellation if evidence was tampered with or antecedent concealed.
Issues considered
- Whether bail should be granted to the accused persons charged under Sections 126(2), 115(2), 352, 351(2), 109, 303(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the nature of the alleged injuries and the petitioners' clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- theft
- Bharatiya Nyay Sanhita
- clean antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88929 of 2025
Arising Out of PS. Case No.-172 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
1. Chandra Shekhar Chaudhary S/o- Late Jagannath Chaudhary R/v- Patel
Nagar W.No-19, Ps- Khagariya Dist- Khagaria
2. Sujal Kumar S/o- Kunal Chaudhary R/o- Gram Samaspur W.No-3, Ps-
Maheshkhunt Po- Samaspur, Mahesh Khunt Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sharda Raje Singh, Advocate
: Mr. Abhinav Shankar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Ms. Sharda Raje Singh, learned counsel for
the petitioners and Ms. Rina Sinha, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Khagaria P.S. Case No. 172 of 2025, F.I.R.
dated 01.06.2025 for the offences punishable under Sections
126(2), 115(2), 352, 351(2), 109, 303(2), 3(5) of the Bharatiya
Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioners along with other co-accused persons
assaulted him and his brother by means of iron rod and took
away one locket and snatched Rs.1200/- from his neck.
Patna High Court CR. MISC. No.88929 of 2025(2) dt.12-01-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. There is case and counter case
between the parties. Although there is specific allegation against
the petitioners that they have assaulted the informant and his
brother, namely, Ranjit Kumar and both of them received injury
but the injury report of the injured persons suggest that injury
inflicted upon them is simple in nature caused by hard and blunt
substance.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent and injury inflicted upon
the injured persons is simple in nature and there is case and
counter case between the parties, let the petitioners, above
named, in the event of arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of the learned C.J.M., Khagaria in connection
with Khagaria P.S. Case No. 172 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.88929 of 2025(2) dt.12-01-2026
3/3
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…