Patna High Court

Mahmud Chaudhary @ Pramod Chaudhary @ Pramod KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the petitioner’s criminal antecedents and the gravity of the charges did not warrant such relief.

Summary

The petitioner, Mahmud Chaudhary, sought anticipatory bail after an FIR alleged that he assaulted an informant with a tangi while the informant was serving a notice under Section 82 of the Criminal Procedure Code. The FIR charges him with multiple offences under the Bharatiya Nyaya Sanhita, including assault, rioting, and criminal conspiracy, and notes that he has four prior criminal convictions. The petitioner feared arrest and therefore applied for anticipatory bail. The Court examined the seriousness of the allegations, the nature of the offences, and the petitioner’s criminal antecedents. Considering these factors, the Court concluded that granting bail would be inappropriate. Consequently, the petition for anticipatory bail was refused.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and his prior criminal record.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 121(1), 121(2), 126(2), 127(2), 132, 191(2), 191(3), 351(2), 351(3), 352
Code of Criminal Procedure, 1973 — s. 82

Subjects

anticipatory bail
criminal antecedents
Bharatiya Nyaya Sanhita
Criminal Procedure Code
assault
rioting
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91549 of 2025
                           Arising Out of PS. Case No.-262 Year-2025 Thana- AMAS District- Gaya
                  ======================================================
                  Mahmud Chaudhary @ Pramod Chaudhary @ Pramod Kumar S/o-
                  Dudheshwar Chaudhary Village- Manjhaulia PS- Amas District- Gaya

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                    Mr. Saket Kumar, Advocate
                  For the Opposite Party/s :        Mrs. Madhuri Lata, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    19-01-2026                   Heard learned counsel for the petitioner and the State.
                                  2. Petitioner apprehends arrest in case registered for
                    the offences punishable under Sections 126(2), 127(2), 115(2),
                    109, 351(2), 351(3), 352, 121(1), 121(2), 132, 191(2), 191(3) of
                    the Bharatiya Nyaya Sanhita.
                                  3. As per F.I.R., petitioner is alleged to have abused
                    and assaulted informant with tangi while informant along with
                    others went to serve the notice issued against the petitioner
                    under Section 82 Cr.P.C. Petitioner has got four criminal
                    antecedents.
                                  4. Considering the nature of accusation and criminal
                    antecedents, prayer for anticipatory bail of the petitioner is
                    refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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