Patna High Court
Vishnu Kumar Chaudhary @ Vishnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
Vishnu Kumar Chaudhary, a 20‑year‑old, was charged in Madanpur police case No. 318 of 2025 for offences including assault, attempt to murder and other serious crimes under the Bihar Negotiable Statutes (BNS). He claimed innocence, stating the incident was a trivial scuffle between two Gotia families and that any injury he caused was accidental and minor, as confirmed by a medical opinion. The petitioner, who has a clean criminal record, sought pre‑arrest bail, while the State opposed the relief. The court examined the allegations, the medical report, and the petitioner’s antecedents, and concluded that he had made out a prima facie case for bail. Accordingly, the judge ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his antecedents and compliance with Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite charges of assault and attempted murder under the BNS.
- Whether the alleged injury and intent to kill warrant denial of bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 3(5), 351(3), 352, 482(2)
Subjects
- pre‑arrest bail
- assault
- self‑defence
- clean antecedent
- Section 482(2) BNSS
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91245 of 2025
Arising Out of PS. Case No.-318 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Vishnu Kumar Chaudhary @ Vishnu Kumar, aged about- 20 years, male, S/o
Ranjeet Nisad, resident of village- Palkiya, PS- Madanpur, District-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mrs. Rupa Kumari, learned counsel appearing
on behalf of the petitioner and Mr. Suresh Prasad Singh, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Madanpur P.S. Case No. 318 of 2025, registered for the
offence punishable under Sections 191(2), 190, 115(2), 126(2),
117(2), 109, 352, 351(3), 303(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other accused persons had assaulted the informant
side with an intention to kill. Specific allegation against the
petitioner is that he had assaulted the Shambhu Kumar
Chaudhary, who had sustained injury on his head.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91245 of 2025(2) dt.04-02-2026
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petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Specific allegation against
the petitioner is that he had assaulted one Sudhir Kumar
Chaudhary, who had sustained injury on his head, however, the
same has been opined by the doctor to be simple in nature. Both
the parties are Gotia. There is case and counter case between the
parties. An scuffle took place between the parties due to trivial
reason and in course of the same, the petitioner, in his self
defence, may have caused some injury to the informant side
without intention. Petitioner has clean antecedent. On these
grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, specific allegation against the
petitioner is that he had assaulted one Sudhir Kumar Chaudhary,
who had sustained injury on his head, however, the same has
been opined by the doctor to be simple in nature. Both the
parties are Gotia. There is case and counter case between the
parties. An scuffle took place between the parties due to trivial
reason and in course of the same, the petitioner, in his self
defence, may have caused some injury to the informant side
Patna High Court CR. MISC. No.91245 of 2025(2) dt.04-02-2026
3/3
without intention. Petitioner has clean antecedent. I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Madanpur P.S. Case No. 318
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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