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Patna High CourtCR. MISC./35064/2025bail granted

Sugriv Chaudhary @ Sugriv Kumar Chaudhary v. The State Of Bihar

2025-06-03Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35064 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- LAURIA District- West Champaran ====================================================== 1.

Sugriv Chaudhary @ Sugriv Kumar Chaudhary S/O Kailash Chaudhary R/O Village-Nuniya Tola,Ward no. 7, PS- Lauriya, District- West Champaran 2.

Raju Chaudhary S/O Dhuri Chaudhary R/O Village-Nuniya Tola,Ward no. 7, PS- Lauriya, District- West Champaran 3.

Kailash Chaudhary S/O Devi Chaudhary R/O Village-Nuniya Tola,Ward no. 7, PS- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2025

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Lauriya P.S. Case no.105 of 2025 registered for the offence punishable under sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 324(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that she along with the members of her family have constructed a house in front of the house of petitioner no.1 and have been living on the same for the last 60-70 years. It is stated that on the date of occurrence, the accused persons including the

Patna High Court CR. MISC. No.35064 of 2025(2) dt.03-06-2025 2/3 petitioners herein came variously armed. Sugriv Choudhary is said to have assaulted the informant while Dharam Choudhary assaulted the elder brother of the informant's husband. Further, others are said to have entered the house forcibly and of having taken away Rs.30,000/.

4. Learned counsel for the petitioners submits that from the contents of the FIR itself, it would transpire that there is land dispute between the parties. The injury attributable to petitioner no.1 has been found to be simple in nature vide the injury report at Annexure-4. The injury on Daroga Choudhary which has been found to be grievous is not attributable to the petitioners herein but to co-accused Dharam Choudhary. The allegations against the other two petitioners are general and omnibus in nature. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the submissions made, the contents of the injury report together with the allegation of assault on Dharam Choudhary being on co-accused and not on the petitioners

Patna High Court CR. MISC. No.35064 of 2025(2) dt.03-06-2025 3/3 herein, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Lauriya P.S. Case no.105 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Bettiah, West Champaran. (Partha Sarthy, J) Saurabh/- U T