Ganga Chaudhary @ Gangadhar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30120 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- KHAIRA District- Jamui ====================================================== 1.
Ganga Chaudhary @ Gangadhar Chaudhary S/o- Rijho Chaudhay Resident of Village- Dahua PS- Khaira District- Jamui 2.
Anil Chaudhary @ Anil Kumar S/o- Rijho Chaudhary Resident of VillageDahua PS- Khaira District- Jamui 3.
Shankar Chaudhary S/o- Rijho Chaudhary Resident of Village- Dahua PSKhaira District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard learned Advocate for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Khaira P.S. Case No.452 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 352, 351(2), 109, 127(1), 115(2), 118(1), 324(4), 303(2), 308(3) of the BNS and Section 27 of the Arms Act.
3.Allegedly, on the fateful day, while the informant was busy in his work at Sukhnar Balughat at clusters no.1 and 2, all the FIR named accused persons variously armed, came there and started making indiscriminate firing. The accused persons
Patna High Court CR. MISC. No.30120 of 2025(3) dt.13-08-2025 2/3 caught hold the informant and assaulted him. It is specifically alleged that on the exhortation made by Bhutari Chaudhary, all the accused persons assaulted the informant and demanded extortion of Rs.10 lacs, failing which they threatened that they would not allow him to work. Co-accused Niranjan Chaudhary also snatched valuables from the informant.
4. Learned Advocate for the petitioners contended that, in fact, on account of some business rivalry relating to lifting of sand, the present FIR came to be instituted against seven named accused persons and 10 to 12 unknown persons. There is omnibus allegation against all the accused persons and no specific allegation has been attributed against the petitioners of causing any injury to the informant. The nature of injury has not been fairly disclosed in the impugned order, as it has been observed that the injury sustained to the informant is opined to be dangerous to his life. Moreover the injuries are not on vital part of the informant, is the contention of the learned Advocate for the petitioners. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the investigation and the proceedings of the Court.
5. On the other hand, learned Advocate for the State opposed the bail application and submitted that all the accused
Patna High Court CR. MISC. No.30120 of 2025(3) dt.13-08-2025 3/3 persons, including the petitioners not only demanded rangdari but brutally assaulted the informant and, prima facie, the injuries appear to be dangerous to his life.
6. Having regard to the submissions set forth by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the injuries on non-vital part and the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection Khaira P.S. Case No.452 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T