Created by Fuzzy Cloud

Patna High Court

Bhagwat ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The petitioner, Bhagwat Choudhary, sought anticipatory bail fearing arrest in connection with a criminal case (PS No. 68 of 2025) involving multiple offences under the Bihar Penal Code. The prosecution alleged that the petitioner assaulted a victim, causing simple injury to the leg. The petitioner pleaded innocence, citing a clean antecedent, and his counsel argued that there was no basis for detention. The State opposed the bail, contending the seriousness of the charges. After considering the facts, the Court held that anticipatory bail was appropriate and ordered its grant subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code. The petitioner was directed to furnish bail bonds of Rs.10,000 with two sureties if arrested within four weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bihar Criminal Procedure Code in the present case?
  • Whether the allegations and nature of offences warrant denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • criminal law
  • Bihar Penal Code
  • Bihar Criminal Procedure Code
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90035 of 2025
                    Arising Out of PS. Case No.-68 Year-2025 Thana- SHRI NAGAR District- Madhepura
                 ======================================================
                 Bhagwat Choudhary Son of Late Raghuvanshi Choudhary Resident of village
                 Mangarwara, Ward No.- 2, P.S.- Srinagar, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Pooja Prasad
                 For the Opposite Party/s :       Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Shrinagar P.S. Case No. 68 of 2025 registered for offences under

                   Sections 191 (2), 191 (3), 126(2), 115 (2), 117 (2), 109 (1), 303

                   (2), 333, 352, 76 and 351 (2) of BNS.

                                3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim causing simple injury to his leg.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner has clean antecedent.

                                5. Learned APP for the State has vehemently opposed

                   the prayer for bail.

                                6. Considering the facts and circumstances of the
            Patna High Court CR. MISC. No.90035 of 2025(2) dt.04-02-2026
                                                        2/2




                      case, this application for anticipatory bail is allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, Madhepura/concerned Court below in

                      connection with Shrinagar P.S. Case No. 68 of 2025 subject to

                      the conditions as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.