Munchun Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6622 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Munchun Chaudhary Son of Sukar Chaudhary Resident of Village- Sugiya, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Ms. Vaishnavi Singh, Adv.
Mr. Ritwik Thakur, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Shekhopur Sarai P.S. Case No. 142 of 2024 instituted for the offences under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 3(5) of the B.N.S., 2023.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the family members of the Informant, causing injuries on the vital parts of their bodies.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.6622 of 2025(4) dt.06-05-2025 2/3 against him and has falsely been implicated in the present case. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation is against the co-accused Pappu Chaudhary of assaulting the Informant's mother on her head by means of Lathi. There is a free-fight between the parties in which both the parties sustained injuries. There is a case and counter case between the parties. The sister-in-law of the petitioner has filed a case being Shekhopur Sarai P.S. Case No. 143 of 2024 against the informant and others. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.11.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused persons have already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08.04.2023 passed in Cr. Misc. No. 15110 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 126(2)/115(2)/117(2)/109/352/3(5) of the B.N.S.
Patna High Court CR. MISC. No.6622 of 2025(4) dt.06-05-2025 3/3
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shekhopur Sarai P.S. Case No. 142 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T