Abhishek Choubey @ Abhishek Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34334 of 2025 Arising Out of PS. Case No.-36 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
Abhishek Choubey @ Abhishek Chaubey Son of Lalan Choubey @ Lalan Chaubey Resident of Village - Nawada, Police Station - Pakridayal, District - East Champaran at Motihari. 2.
Ved Prakash Tiwari @ Ved Prakash Kumar Son of Radha Tiwari Resident of Village - Nawada, Police Station - Pakridayal, District - East Champaran at Motihari.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners apprehending their arrest in connection with Pakaridayal P.S. Case No. 36 of 2024, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326, 379, 452, 504 and 307 of the IPC. Petitioners have clean antecedent as stated in paragraph '3' of the application.
3. The allegation against the petitioners is to assault
Patna High Court CR. MISC. No.34334 of 2025(5) dt.12-09-2025 2/3 the informant and his son along with seven named and ten unknown co-accused persons, causing bodily injuries, where assault alleged to be committed by using knife, after criminal trespass in the house of the informant with intention to commit murder of brother of the informant, namely Pankaj Kumar Tiwari.
4. It is submitted by learned counsel appearing for the petitioners that allegation as to inflict knife injury is available against co-accused Rana Pratap Singh to cause injury on lower lip of son of the informant, namely, Ashutosh Kumar. It is submitted that the allegation qua physical assault is very much general and omnibus against petitioners and they were implicated with present case out of local differences and village politics.
5. It is submitted that informant was not examined medically and, moreover, the nature of injury as inflicted upon the son of the informant found single and on non vital part of the body. It is submitted that petitioner are men of clean antecedent.
6. Learned APP for the State opposes the prayer of
Patna High Court CR. MISC. No.34334 of 2025(5) dt.12-09-2025 3/3 anticipatory bail of the petitioners.
7. In view of the aforesaid submission and by taking note of fact as the allegation qua physical assault is appearing very much general and omnibus against petitioners, rather same is available specific against co-accused Rana Pratap Singh, who is son of the informant, accordingly, above named both petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari/concerned Court, where the case is pending in connection with Pakaridayal P.S. Case No. 36 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T