Nagendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45366 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Nagendra Chaudhary Son of Jay Kishun Chaudhary Resident of Village - Mirjapur, P.S.- Awatarnagar, District - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Awatarnagar P.S. Case No. 274 of 2024/G.R. No. 9722/2024 registered for the offences under Sections 126(2), 115(2), 118(2), 109, 76, 303(2), 352, 351(2) and 3(5) Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The accused/petitioner is named in the First Information Report and is in custody since 12.03.2025.

4. As per FIR, eight named accused persons along with 3-4 unknown accused persons including petitioner assaulted the informant and his family members by using weapon like rod, sword, pistol etc. where alleged assault was made with intention to

Patna High Court CR. MISC. No.45366 of 2025(2) dt.02-09-2025 2/3 cause death.

5. It is submitted by learned counsel appearing on behalf of the petitioner that occurrence was free fight in nature. It is submitted that petitioner falsely implicated with the present case by way of general and omnibus allegation qua physical assault.

6. It is submitted that similarly situated co-accused persons namely, Ramesh Chaudhary and Dhananjay Chaudhary have been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 27892 of 2025 dated 22.05.2025.

7. While concluding argument, it is submitted that petitioner found involved in one more case, where he is on bail and, moreover, investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

9. Considering the facts and circumstances as mentioned above and by taking note of the fact as the petitioner is facing general and omnibus allegation qua physical assault, where similarly situated co-accused persons have been granted bail, as aforesaid, coupled with the fact that petitioner remains in custody

Patna High Court CR. MISC. No.45366 of 2025(2) dt.02-09-2025 3/3 since 12.03.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Awatarnagar P.S. Case No. 274 of 2024/G.R. No. 9722/2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J.) S.Tripathi/- U T