Patna High Court
Jawahar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Jawahar Chaudhary and Shambhu Chaudhary, were arrested in connection with a case registered under multiple IPC offences for allegedly assaulting an informant with a lathi, causing injury, and stealing her Jitiya and mobile phone. They pleaded innocence, asserted a clean antecedent, and had been in custody since 30 October 2025. The State opposed their bail application. The Court considered the nature of the offences, the petitioners' clean record, and the length of incarceration, and decided to grant regular bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether regular bail should be granted to the petitioners for the offences under Sections 126, 115(2), 303(2), 109, 352, 351(3) and 3(5) of the IPC.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126, 303(2), 3(5), 351(3), 352
Subjects
- bail
- Indian Penal Code
- assault
- theft
- regular bail
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9227 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Kaler District- Arwal
======================================================
1. Jawahar Chaudhary S/o Late Jamutar Chaudhary R/o Village - Purakothi,
P.S - Kaler, District - Arwal
2. Shambhu Chaudhary S/o Jawahar Chaudhary R/o Village - Purakothi, P.S -
Kaler, District - Arwal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Prabhakar, Adv.
For the State : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners as well as
learned APP for the State.
2. In this case, the petitioners are seeking regular
bail in connection with Kaler P.S. Case No. 39 of 2025,
registered for the offences punishable under Sections 126,
115(2), 303(2), 109, 352, 351(3), 3(5) of the IPC
3. As per allegation, the petitioners abused the
informant over a dispute related to vegetables. During the
altercation, petitioner no. 2 assaulted the informant with lathi on
her head, causing injury and bleeding, and also snatched her
Jitiya and mobile phone.
4. The learned counsel for the petitioners has
Patna High Court CR. MISC. No.9227 of 2026(2) dt.26-02-2026
2/2
submitted that the petitioners are innocent and have falsely been
implicated in this case. They are the persons of clean
antecedent. The injuries are simple in nature, caused by hard
and blunt substance. The petitioners are under custody since
30.10.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, clean antecedent and period of incarceration, let
the petitioners above-named be released on bail on furnishing
bail bonds of Rs.10,000/- each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Arwal in connection with Kaler P.S. Case No. 39 of
2025, subject to the following condition that the petitioners shall
cooperate in the disposal of trial and make themselves available
as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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