Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31755 of 2026 Arising Out of PS. Case No.-389 Year-2025 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Raju Chaudhary, Son of Suresh Chaudhary, Resident of village - Bhatwaliya Ward No 05, Police Station - Yogapatti, District - West Champaran. 2.

Shyamvinay Chaudhary @ Shyaminay Chaudhary @ Shyamvinay Kumar, Son of Murat Chaudhary, Resident of village - Bhatwaliya Ward No 05, Police Station - Yogapatti, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Yogapatti P.S. Case No. 389 of 2025 dated 14.09.2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 74, 109(1), 117(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioners is that they have assaulted the informant on his hand by means of lathi due to which his hand got fractured.

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

Patna High Court CR. MISC. No.31755 of 2026(2) dt.07-05-2026 2/3 this case. It is submitted that the present case is counter version of Yogapatti P.S. Case No. 397 of 2025 dated 19.09.2025 and the present case was lodged after about 16 days from the date of occurrence without any plausible explanation for the delay. It is further submitted that the petitioners have also sustained grievous injury and the statement of petitioners' side has been recorded during the treatment in the hospital while the present case is based on typed written report. It is submitted that both the sides are agnates. The allegation against the petitioners is that they assaulted the informant on his hand by means of lathi due to which his hand got fractured. Lastly, it has been submitted that petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Yogapatti P.S. Case No. 389 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31755 of 2026(2) dt.07-05-2026 3/3 the learned J.M.-Ist Class, Bettiah, West Champaran, subject to condition as laid down under Section 482(2) of B.N.S.S.. (Khatim Reza, J) prabhat/- U T