Rupesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36592 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- MESKAUR District- Nawada ====================================================== Rupesh Chaudhary S/O Yamuna Chaudhary Resident of Village- Pawai, P.S.- Meskaur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Meskaur P.S. Case No.54 of 2025 lodged on 28.03.2025 under Sections 126(2), 115(2), 118(1), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the F.I.R. has been lodged against 7 named accused persons including the petitioner with allegation that all accused persons started scuffling with the informant due to land dispute and one co-accused Chandradeo Chaudhary has assaulted the father of the informant by Garasa

Patna High Court CR. MISC. No.36592 of 2025(3) dt.06-08-2025 2/3 which causes death. The allegation in the FIR is also that they have assaulted one Chhotu Chaudhary.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the specific allegation against Chandradeo Chaudhary that he has attacked by Garasa causing death. He further submits that petitioner and informant's side are agnates and land dispute is admitted.

5. Counsel further submits that the petitioner is in custody since 02.04.2025 having no criminal antecedent. He further submits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 16.07.2025 passed in Cr. Misc. No. 43343 of 2025

6. Learned APP for the State opposes the prayer for bail.

7. Counsel for the Informant vehemently opposes the prayer for bail and submits that in the case diary, confessional statement of the petitioner is there that he has involved in the commission of the crime.

8. In the present facts and circumstances of this case and in the light of specific allegation in the FIR, there is no act and overt act against the petitioner. As such, let the petitioner

Patna High Court CR. MISC. No.36592 of 2025(3) dt.06-08-2025 3/3 above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate, 1st Class, Nawada in connection with Meskaur P.S. Case No.54 of 2025, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J.) Prakashmani/- U