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Patna High Court

Arjun ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to the conditions of Section 482(2) of the B.N.S.S.

Summary

The petitioner, Arjun Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S. for allegedly assaulting an informant by pelting bricks and stones. The State opposed the bail, contending the allegations constitute offences. The petitioner argued that the incident was a petty dispute resulting in minor injuries, with a medical report describing the injuries as simple. The Court examined the facts, noting the case‑and‑counter‑case nature and the minor severity of injuries, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that if arrested within eight weeks, the petitioner be released on bail upon furnishing a bail‑bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the alleged assault falls within the ambit of Sections 126(2), 115(2), 109 and 3(5) of the B.N.S.
  • Whether conditions under Section 482(2) of the B.N.S.S. are applicable

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • criminal procedure
  • B.N.S.
  • B.N.S.S.
  • Section 482(2)
  • minor injuries
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89445 of 2025
                       Arising Out of PS. Case No.-419 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Arjun Chaudhary S/O Late Dipa Chaudhary R/O Village- Kuraiya ward no.
                 10, P.s. Dighwara, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Rajani Kumari, Advocate
                 For the State           :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109 and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted informant by pelting bricks and stones.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. On account of petty dispute, maar-peet

                   took place between the parties in which both sides sustained

                   injuries. There is case and counter-case. Doctor has found the

                   injuries, allegedly caused by this petitioner, simple in nature.

                                5. Learned A.P.P. for the State has vehemently
             Patna High Court CR. MISC. No.89445 of 2025(3) dt.16-03-2026
                                                         2/2




                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, case and counter-case between the parties and nature of

                       injuries allegedly caused by this petitioner, the prayer for grant

                       of anticipatory bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner 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 learned A.C.J.M.-1st, Saran at Chapra

                       in connection with Dighwara P.S. Case No. 419 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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