Sudama Chaudhary @ Sudama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29268 of 2026 Arising Out of PS. Case No.-616 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Sudama Chaudhary @ Sudama Yadav, S/O Ramayan Yadav, R/O VillageKudwa, P.S.- Barharia, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-07-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Barharia P.S. Case No. 616 of 2025 registered for the offences punishable under sections 126(2), 115(2), 118(1), 109 & 303(2) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioner submits that the petitioner is alleged to have assaulted on the head of the informant by means of tangi which come in the purview of sharp cut weapon but the same does not get corroboration from the victim's injury report in which the head injury of the informant has been opined to be caused by a hard and blunt object and the same has been opined to be simple in nature. Learned counsel further submits that the FIR itself clearly shows that the petitioner did not inflict the tangi blow

Patna High Court CR. MISC. No.29268 of 2026(3) dt.15-07-2026 2/3 repeatedly on the vital part of the informant, which shows that he had no intention to kill her, even if the allegation made in the FIR is taken to be true. It is further submitted that in fact the informant herself attempted to place paddy straw (puwal) at the door of the petitioner's house which was objected by him and the same led to the commission of the alleged occurrence in which the informant fell down and sustained the injuries. It is lastly submitted the petitioner bears no criminal antecedent.

4. Learned APP for the State opposes the prayer of the petitioner.

5. Considering the above submissions and mainly taking note of the nature of the injury sustained by the informant as well as the genesis of the occurrence coupled with the fact that the petitioner is not alleged to have assaulted the informant repeatedly by the alleged means and also taking note of his old age as well as fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Barharia P.S. Case No. 616 of

Patna High Court CR. MISC. No.29268 of 2026(3) dt.15-07-2026 3/3 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) annu/- U T