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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38699 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- Geedha District- Bhojpur ====================================================== Ashok Chaudhary @ Ashok Kumar Chaudhary, aged about 45 years, Male, S/o- Parshuram Chaudhary @ Prasuram Choudhary, resident of VillageBirampur (Kritpura) PS- Gidha District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Senior Advocate Mr. Rohit Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Gidha PS Case No.16 of 2025 dated 15.01.2025, instituted under Sections 127(2), 115(2), 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the allegation, altercation took place between the informant and the petitioner's side causing injury to both sides and subsequently filing of the case and counter case. Specific allegation against the petitioner is that he assaulted the informant by means of Daab on his left hand due to which he sustained cut injury on his left wrist.

4. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.38699 of 2025(2) dt.25-06-2025 2/3 that the petitioner is innocent and has been falsely implicated in this case. It is also submitted that for the same occurrence the petitioner has lodged Gidha PS Case No.15 of 2025 against the informant and others. The informant's side has lodged the present case subsequent to filing of the case against him by the petitioner. Learned senior counsel further submitted that there is specific allegation against the petitioner that he assaulted with Daab on the left hand of the informant, which is not the vital part of the body. Further submission is that co-accused Mina Devi and Parashuram Choudhary have been granted anticipatory by co-ordinate Benches of this Court vide order dated 16.04.2025 passed in Cr. Misc. No.19304 of 2025 and order dated 15.05.2025 passed in Cr. Misc. No.29126 of 2025 respectively. Lastly, it is submitted that the petitioner has no criminal antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.38699 of 2025(2) dt.25-06-2025 3/3 Chief Judicial Magistrate, Bhojpur, Ara, in Gidha PS Case No.16 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T