Bharat Chaudhary @ Bharath Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6110 of 2026 Arising Out of PS. Case No.-420 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
Bharat Chaudhary @ Bharath Chaudhary S/O Bhola Chaudhary Resident of village- Thalposh, P.S.- Pakaribarawan, District- Nawada 2.
Bhola Chaudhary S/O Late Maulvi Chaudhary Resident of villageThalposh, P.S.- Pakaribarawan, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2026 Heard Mr. Krishna Deo Raj, learned counsel appearing on behalf of the petitioner and Mr. Prem Kumar Jha, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Pakaribarawan P.S. Case No. 420 /2025 registered for the offence(s) punishable under Sections 126(2), 115(2),109,117(2),352,3(5) of the BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant and his brother with an intention to kill, causing
2/4 injuries.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties. Petitioners have clean antecedents. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that there is a specific allegation against petitioner no. 2 of having assaulted the informant's brother with a rod, resulting in a fracture of his hand. So far as petitioner no.1 is concerned, he along with petitioner no.2 and one other co-accused Bhagirath Chaudhary assaulted the informant on his head with an intention to kill.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, it is evident that the informant has received head injury but it cannot be ascertained, as to whether the said injury is attributable to the petitioner no.1, I am of the opinion that petitioner no.1 has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner no.1 , above named, is directed to
3/4 be released on pre-arrest bail, in the event of his 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 learned A.C.J.M.-II, Nawada / Concerned Court in connection with Pakaribarawan P.S. Case No. 420 /2025, subject to the conditions 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 no.1 and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
9. So far as petitioner no.2 is concerned, considering the specific allegation against him of assaulting the brother of the informant with a rod, resulting in a fracture of his hand, the petitioner no.2, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court is directed to consider the bail application of the petitioner no.2 on the same day and pass necessary order on the basis of material which has come in course of investigation without delay.
4/4
10. The present petition stands disposed of.
(Purnendu Singh, J) Sanjay/- U T