Patna High Court
Sanjay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted, subject to a bond and sureties, as the circumstances did not warrant continued detention.
Summary
The petitioners, Sanjay Chaudhary and Pintu Chaudhary, were arrested in connection with an assault on an informant using an iron rod, under multiple sections of the B.N.S., 2023. They filed a bail petition claiming that the case arose from a land dispute and that the allegations were vague and omnibus. The petitioners asserted clean antecedents and highlighted that they had been in custody since 25‑10‑2025, with a chargesheet already filed. The State opposed the bail, emphasizing the seriousness of the offences. After considering the facts, the period of custody, and the petitioners' background, the Court ordered their release on bail upon furnishing a bail bond of Rs.10,000 each with two sureties, thereby granting the bail petition.
Issues considered
- Whether bail should be granted to the petitioners despite the gravity of the offences under Sections 126(2), 115(2), 109, 75, 303(2), 117(2), 351, 352(2) and 3(5) of the B.N.S., 2023
- Whether the allegations are vague and arise from a land dispute, justifying bail
Legislation cited
- B.N.S., 2023 — s. 109, 115, 117, 126, 3, 303, 351, 352, 75
Subjects
- bail
- criminal procedure
- assault
- land dispute
- B.N.S., 2023
- sections 126(2) 115(2) 109 75 303(2) 117(2) 351 352(2) 3(5)
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89577 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
1. Sanjay Chaudhary Son of Baijnath Chaudhary Resident of village -
Chaprehat, Police Station - Nemdarganj, District - Nawada.
2. Pintu Chaudhary Son of Rajo Chaudhary Resident of village - Chaprehat,
Police Station - Nemdarganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for
offence under Sections 126(2), 115(2), 109, 75, 303(2), 117(2),
351, 352(2), 3(5) of the B.N.S., 2023.
3. As per prosecution case, both petitioners are alleged
to have assaulted informant with iron rod.
4. Learned counsel for the petitioners submits that due
to land dispute between the parties, petitioners have been
implicated in this case. Allegation is vague and omnibus in
nature. Case and counter case. Petitioners claim clean
antecedent and are in custody since 25.10.2025. Chargesheet has
been submitted.
Patna High Court CR. MISC. No.89577 of 2025(2) dt.12-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail petition.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the above named petitioners 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 learned A.C.J.M. - I, Nawada in connection with
Nemdarganj P.S. Case No. 114 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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