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Patna High CourtCR. MISC./46215/2026bail granted

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

2026-07-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46215 of 2026 Arising Out of PS. Case No.-43 Year-2026 Thana- CHORAUT District- Sitamarhi ====================================================== Sumant Chaudhary @ Sumant Kumar Chaudhary S/o Ramesh Chaudhary Resident of Village - Yadupatti, P.S. - Choraut, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP For the Informant :

Mr. Hari Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Choraut P.S. Case No. 43 of 2026, instituted for the offences punishable under Sections 115(2), 126(2), 303, 109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the informant was wrongfully restrained and brutally assaulted by means of iron rods by the petitioner along with co-accused persons with an intention to kill him and was also robbed of his gold chain, ring and cash.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.46215 of 2026(2) dt.16-07-2026 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner. It is next submitted that the injury is on the vital part of the body and the nature of injury has been opined as simple caused by hard and rough substance. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 29.05.2026 and has got three criminal antecedents.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Choraut P.S. Case No. 43 of 2026, subject to the following conditions:

Patna High Court CR. MISC. No.46215 of 2026(2) dt.16-07-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T