Bala Chaudhry @ Harendra Chaudhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30554 of 2026 Arising Out of PS. Case No.-470 Year-2025 Thana- DINARA District- Rohtas ====================================================== Bala Chaudhry @ Harendra Chaudhry Son of Late Sribhagwan Chaudhry Resident of village - Surtapur Milki, Police Station - Dinara, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2026 Heard Mr.Arvind Kumar Pandey, learned counsel for the petitioner and Mr.Md. Ataur Rahman, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 15.10.2025 in connection with S.Tr. No. 75 of 2026, arising out of Dinara P.S. Case No. 470 of 2025, F.I.R. dated 10.10.2025 registered for the offence punishable under Sections 115(2), 118(1), 109, 351(2), 352, 3(5) of BNS later on chargesheet has been submitted under Section 103(1) of the B.N.S.
3. Allegation against the petitioner is that he along with other co-accused persons assaulted to the cousin brother of the informant as a result of which he sustained head injury. During treatment cousin brother of the informant died.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears form
Patna High Court CR. MISC. No.30554 of 2026(2) dt.05-05-2026 2/3 the FIR itself that due to admitted land dispute the present occurrence has taken place. Although the petitioner is named in the FIR but from a bare perusal of the 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 and the police, after investigation, submitted chargesheet against the petitioner on 31.12.2025 and the petitioner is in custody since 15.10.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, there is no specific allegation of any assault, overtact or firing attributed against the petitioner, 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 learned Additional Sessions Judge Ist Bikramganj, Rohtas in connection with S.Tr. No. 75 of 2026, arising out of Dinara P.S. Case No. 470 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.30554 of 2026(2) dt.05-05-2026 3/3 and shall remain physically present as directed by the Court and on his/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) Nitesh/- U T