Dina Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50512 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Dina Chaudhary S/O Kailu Chaudhary R/O Village- Maniyara Tola Simapar, P.S- Nimchak Bathani, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nimchak Bathani P.S. Case No.225 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 110, 352, 351(2), 351(3), 3(5), 191(2), 190 and 109 of the BNS, 2023.

3. Allegedly, while the informant along with one Tuntun Manjhi were going to their home, they were intercepted by all the FIR named accused persons, including the petitioner and brutally assaulted.

4. Learned counsel for the petitioner submitted that there is omnibus nature of allegation against all the FIR named accused persons and on account of previous enmity and grudge, the present FIR is instituted. There is counter

Patna High Court CR. MISC. No.50512 of 2025(2) dt.11-08-2025 2/3 version of the present case, being Nimchak Bathani P.S. Case No.224 of 2024, which is on earlier point of time and, in fact, in order to save skin, the present FIR has been instituted by the informant. The petitioner bears fair antecedent. The co-accused persons having facing identical allegation have been allowed the privilege of anticipatory bail by a learned co-ordinate Bench of this Court vide order dated 07.08.2025 passed in Cr. Misc. No.48536 of 2025, the copy of which has been placed on record.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioner has actively participated in the crime.

6. Regard being had to the submissions made on behalf of the parties and taking note of the factum of case and counter case, coupled with the omnibus nature of allegation and the nature of injury is found to be simple as also the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Gaya in connection with Nimchak Bathani P.S. Case No.225 of 2024, subject to the condition as laid down

Patna High Court CR. MISC. No.50512 of 2025(2) dt.11-08-2025 3/3 under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T