Vijay Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21477 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.
Vijay Chauhan S/O Krishna Chauhan 2.
Sahdeo Chauhan S/O Krishna Chauhan 3.
Mithlesh Chauhan S/O Anchan Chauhan All resident of Village- Raja Bigha, P.O- Jharna Saren, P.S- Neemchak Bathani, Distt.- Gaya, Bihar (823311).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amritanshu Dangi,Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State
2. Petitioners seek pre-arrest bail in connection with Neemchak Bathani P.S.Case No.228 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 324(4), 75, 303(2), 352, 351(2), 351(3), 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioners along with the other accused persons entered in the house of the informant and started abusing and assaulted the informant due to dispute of road and also tried to outrage the modesty of informant's wife.
Patna High Court CR. MISC. No.21477 of 2025(2) dt.23-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that the allegation as alleged against the petitioners is not sustainable and the offences are bailable. It is further submitted that the wife of the informant has not alleged that the petitioners have committed any illegal act with her rather the informant on frivolous grounds has made such allegation. In paragraph no.10 of the bail application, the petitioners have informed that on 24.10.2024, the wife of the petitioner no.1 had given a written information to the Superintendent of Police, Gaya that the informant of the present case used to misbehave with her and she has lodged a complaint against the informant in this regard. Petitioners are innocent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.21477 of 2025(2) dt.23-04-2025 3/3 amount each to the satisfaction of Smt. Arpita Dubey, J.M. 1st class, Gaya/concerned court, in connection with Neemchak Bathani P.S.Case No.228 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U