Patna High Court
Bhagwat ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109(1), 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 333, 351(2), 352, 76
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
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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
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