Nitish Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3785 of 2026 Arising Out of PS. Case No.-231 Year-2025 Thana- Kadirganj P.S. District- Nawada ====================================================== Nitish Chaudhary Son of Ajay Chaudhary @ Marua Resident of Village - Khargu Bigha, Police Station - Kadirganj, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Shankar Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since 23.10.2025 in connection with Kadirganj P.S. Case No. 231 of 2025, F.I.R. dated 03.08.2025 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2) & 352 of the BNS, 2023.
3. According to prosecution case, all the FIR named accused persons, including the petitioner armed with lathi, danda and iron rod surrounded the vehicle of the informant and assaulted them and also snatched Rs. 1,62,000/- from the pocket of the cousin of the informant. It is further alleged that the petitioner has snatched gold locket from the neck of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3785 of 2026(2) dt.27-01-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. Although, the petitioner is named in the FIR but from a bare perusal of FIR it appears that there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. The Police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 23.10.2025.
5. Learned APP has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner has clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner in the FIR, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XI, Nawada in connection with Kadirganj P.S. Case No. 231 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.3785 of 2026(2) dt.27-01-2026 3/3 and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T