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Patna High CourtCR. MISC./27892/2025allowed

Ramesh Chaudhary v. The State Of Bihar

2025-05-22Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27892 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Ramesh Chaudhary S/o Jhakar Chaudhary, Resident of Village- Mirjapur, P.S.- Awatarnagar, Distt.- Saran at Chapra.

2.

Dhananjay Chaudhary S/o Ramesh Chaudhary, Resident of VillageMirjapur, P.S.- Awatarnagar, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Awatarnagar P.S. Case No.274 of 2024 instituted under Sections 126(2), 115(2), 118(2), 109, 76, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023.

3. As per the prosecution case, 8 named accused alongwith 3-4 unknown accused persons including the petitioners armed with weapons like rod, sword and pistol assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.27892 of 2025(2) dt.22-05-2025 2/3 case. He further submits that there is land dispute between the parties and there is case and counter case for the same offence. Learned counsel submits that there is delay in filing the F.I.R. without any plausible explanation. He further submits that the allegation against the petitioners are general and omnibus and there is no specific allegation against the petitioners. Learned counsel submits that all the injuries to the injured are simple in nature except one injury, for which the opinion is reserved. He further submits that petitioners have also been injured in the same occurrence. Learned counsel submits that petitioner no.1 has one criminal antecedent and petitioner no.2 has two criminal antecedent, in which, they are on bail. He further submits that petitioners undertake to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Awatarnagar

Patna High Court CR. MISC. No.27892 of 2025(2) dt.22-05-2025 3/3 P.S. Case No.274 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T