Karu Chaudhary @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36224 of 2025 Arising Out of PS. Case No.-1770 Year-2023 Thana- NAWADA District- Nawada ====================================================== Karu Chaudhary @ Vivek Kumar S/o Sanjay Kumar Choudhary R/o VillPanchu, P.O.- Hisua, P.S.- Hisua, Distt- Nawada, At present Vill- Gondapur, P.S.- Nawada, Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Jubair Ansari For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nagar Nawada P.S. Case no. 1770 of 2023 instituted for the offence under Sections 147, 148, 149, 448, 504, 506, 326, 302 of the Indian Penal Code and 27 of the Arms Act.
3. As per allegation in the FIR, on 12.11.2023 covillager Anil Choudhary had organized gamble at his house and gamblers were abusing each other with noisy sound. Informant's brother went to his house and forbade him for organizing gamble at his house upon which Anil Choudhary abused
Patna High Court CR. MISC. No.36224 of 2025(3) dt.20-08-2025 2/3 informant's brother. Informant brought his brother to his house thereafter, FIR named accused persons came to the house of the informant and opened fire. Informant called the police by dialing 112 and opened his door to guide the police officials to reach at proper destination. In the meantime, accused persons forcibly entered into his house and took away his elder brother Kuldeep Chaudhary in front of the house of Sukhu Chaudhary and accused Vikki Chaudhary and Pawan Chaudhary stabbed repeatedly to him as a result of which, he became unconscious. He was taken to hospital, where doctor declared him brought dead.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Specific allegation is against Bikki Chaudhary and Pawan Kumar and not against the petitioner.
5. Learned counsel for the informant has opposed the prayer of bail and submitted that petitioner is also involved in committing murder of the informant's brother. prayer of regular bail of one of the co-accused namely, Anil Chaudhary has already been rejected by another co-ordinate Bench of this Court vide order dated 30.08.2024 passed in Cri. Misc. No.
Patna High Court CR. MISC. No.36224 of 2025(3) dt.20-08-2025 3/3 50584 of 2024. Postmortem-report also corroborates the prosecution story as there was rupture of lungs, spleen, stomach by sharp cutting object. Investigation of the case is still going on.
6. Having heard learned counsel for the parties and considering the fact that allegedly, petitioner is also involved in committing murder of Kuldeep Chaudhary, informant's brother, I am not inclined to enlarge the petitioner on bail.
7. Accordingly, his prayer for grant of anticipatory bail stands rejected.
8. However, petitioner is directed to surrender before the learned lower court and pray for regular bail, which may be considered on its own merit without being prejudiced by order of this court.
(S. B. Pd. Singh, J) sushma/- U