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Patna High CourtCR. MISC./34062/2025partly allowed disposal

Shri Bhagwan Chaudhary @ Sribhagwan Chaudhary v. The State Of Bihar

2025-09-10Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34062 of 2025 Arising Out of PS. Case No.-479 Year-2024 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1.

Shri Bhagwan Chaudhary @ Sribhagwan Chaudhary S/o Jagarnath Chaudhary Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.sBhagwanpur Hat, Dist - Siwan 2.

Kamal Chaudhary @ Kamal Kishor Chaudhary S/o Krishna Chaudhary @ Turi Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.s- Bhagwanpur Hat, Dist - Siwan 3.

Sandeep Chaudhary @ Sandeep Kumar Chaudhary S/o Krishna Chaudhary @ Turi Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.sBhagwanpur Hat, Dist - Siwan 4.

Amarjeet Chaudhary @ Amarjeet Kumar Chaudhary S/o Hira Chaudhary Ro- vill- Balaha Ali Mardan pur, P.o - Lawa Rampur, P.s- Bhagwanpur Hat, Dist - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Bhagwanpur Hat P.S. Case No. 479 of 2024 registered for the offence punishable under Sections 191(2), 190, 115(2), 118, 303(2), 109, 352 and 351(3) of the BNS, 2023.

3. Allegation is of assaulting the informant and his family members by means of rod, fasuli, pistol, tanga, dab, bhala, etc, causing injury.

Patna High Court CR. MISC. No.34062 of 2025(3) dt.10-09-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case. There is case and counter case between the parties. The petitioners might have caused some injury to the informant's side in their self defence without intention.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioner nos. 1, 3 and 4 that they might have caused some injury to the informant's side in their self defence without intention, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the 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 CJM, Siwan in connection with Bhagwanpur Hat P.S. Case No. 479 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

7. So far as petitioner no.2 Kamal Chaudhary is concerned, considering the specific allegation against him of assaulting on the head of Pramod Kumar Chaudhary causing

Patna High Court CR. MISC. No.34062 of 2025(3) dt.10-09-2025 3/3 head injury, I am not inclined to enlarge the petitioner no.2 on pre-arrest bail.

8. The District Court is directed to verify the criminal antecedent of the petitioners no. 1, 3 and 4 and if it is found that the petitioners no. 1, 3 and 4 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T