Degan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3350 of 2025 Arising Out of PS. Case No.-252 Year-2022 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.
Degan Chaudhary S/O Jagdish Chaudhary Resident of village- Mai, PSNeemchak Bathani, District- Gaya 2.
Vikash Kumar @ Vikash Chaudhary S/O Degan Chaudhary Resident of village- Mai, PS- Neemchak Bathani, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brijmohan Das, Adv For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Neemchak Bathani P.S. Case No. 252 of 2022, registered for the offences punishable under Sections 323, 341, 504, 506, 324, 308 read with Section 34 of the India Penal Code.
3. It is alleged that on the fateful day while all the accused persons were indulged in abusing the parents of the informant and when it was protested, all the F.I.R. named accused persons including the petitioners assaulted him by means of spade due to which he sustained head injury. There is further allegation of snatching of valuables against the
Patna High Court CR. MISC. No.3350 of 2025(2) dt.15-02-2025 2/3 petitioners and others.
4. Learned Advocate for the petitioners has contended that the injury which has been sustained over the head of the informant is simple in nature. In support of the aforesaid contention the injury report of the informant has been placed on record as Annexure-2. It is further contended that both the parties are co-villagers and on account of some trifle they entered into a scuffle, due to which some injury has occurred. The petitioners have fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court.
5. On the other hand, learned counsel for the State has vehemently opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegations coupled with the simple injury and the fair antecedent, let the petitioners, above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, in
Patna High Court CR. MISC. No.3350 of 2025(2) dt.15-02-2025 3/3 connection with Neemchak Bathani P.S. Case No. 252 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Jyoti/- U T