Awadhesh Chaudhary @ Awadhesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8572 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Awadhesh Chaudhary @ Awadhesh Sahani Son of Kanhaiya Chaudhary Resident of Vill- Banjariya Daroga Tola, Ward No.- 4, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that the accused persons assaulted her on 06.03.2024 when she along with her husband and son-in-law had gone on their purchased land, further Awadhesh assaulted her son-in-law by an iron rod on head but missed but repeated the blow causing injury on head, further the accused persons also snatched chain etc.

Patna High Court CR. MISC. No.8572 of 2025(2) dt.07-03-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land the occurrence is alleged to have taken place. It is also submitted that the land which the informant claims to have purchased has been purchased by the petitioner and his side, as such, they objected when the informant along with her family members came on the land and thereafter an altercation took place in which both side assaulted each other. It is also submitted that from perusal of the order impugned, it would manifest that the injury suffered by the injured measuring 1"x1.5" and the doctor has opined that the injury may be dangerous to life. It is thus submitted that the injury was not grievous.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.8572 of 2025(2) dt.07-03-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Banjariya P.S. Case No.05/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T