Ram Pravesh Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32308 of 2025 Arising Out of PS. Case No.-636 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ram Pravesh Chauhan S/o Masudan Chauhan R/o Village- Aure Beldariya, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32323 of 2025 Arising Out of PS. Case No.-636 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Vinod Chauhan @ Binod Chauhan Son of Late Ram Swarup Chauhan Resident of Village - Beldariya (Aure), Police Station - Ramgarh Chowk, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35095 of 2025 Arising Out of PS. Case No.-636 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Arun Chauhan S/O Late Ramswaroop Chauhan R/O Vill - Beldariya (Aure), P.S .- Ramgarh Chowk, Distt - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 32308 of 2025) For the Petitioner/s :
Mr. Y.C Verma, Sr. Advocate Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP For the Informant :
Mr. Sanjay Kumar Ojha, Advocate Mr. Ved Prakash Chandan, Advocate (In CRIMINAL MISCELLANEOUS No. 32323 of 2025) For the Petitioner/s :
Mr. Y.C Verma, Sr. Advocate Mr. Birendra Kumar, Advocate
2/5 Mr. Kumud Kishore, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP For the Informant :
Mr. Sanjay Kumar Ojha, Advocate Mr. Ved Prakash Chandan, Advocate (In CRIMINAL MISCELLANEOUS No. 35095 of 2025) For the Petitioner/s :
Mr. Y.C Verma, Sr. Advocate Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-09-2025 Heard Mr. Y.C Verma, learned senior counsel for the petitioners, Mr. Sanjay Kumar Ojha, learned counsel appearing on behalf of the informant as well as Mr. Ajit Kumar, Mr. Rajiv Nayan and Mr. Md. Mushtaque Alam, learned Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since 31.01.2025 in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 636 of 2022, F.I.R. dated 01.08.2022 for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, all the accused persons including these petitioners armed with deadly weapons including pistol have assaulted the cousins of the informant and with an intention to kill they have also fired upon them due to which they have received injury and doctor has referred them to PMCH for better treatment.
3/5
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R and both the parties are agnate to eachother. There is specific allegation against the petitioners in the F.I.R that they have fired upon the victim due to which victim and other persons have received injury. He further submits that the police after investigation submitted the charge sheet and thereafter, the learned Court below has framed charges against the petitioner and other accused persons on 08.08.2025 in Sessions Trial No. 237 of 2025 arising out of Lakhisarai (Ramgarh Chowk) P.S Case No. 636 of 2022. He further submits that similarly situated, co-accused, namely, Mantu Kumar and others have been granted anticipatory bail by a Co-ordinate Bench of ttheir Court vide order dated 05.01.2024 passed in Cr. Misc. No. 81433 of 2023. The petitioners are in custody since 31.01.2025.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners and submits that from perusal of the F.I.R it appears that there is
4/5 direct and specific allegation against the petitioners and the doctor has referred the injured persons to PMCH for better treatment. Apart from that the petitioner, namely, Ram Pravesh Chauhan carries two criminal antecedents, petitioner, namely, Vinod Chauhan @ Binod Chauhan carries four criminal antecedents and petitioner, namely, Arun Chauhan carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 636 of 2022, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5/5 iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T