Rajbansh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55760 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- KARAHGAR District- Rohtas ====================================================== 1.
Rajbansh Choudhary S/O Late Nageshwar Choudhary R/o Village-Rampur, P.S.-Kargahar, District- Rohtas, Bihar 2.
Sanjharo Devi W/O Rajbansh Choudhary R/o Village- Rampur, P.S.- Kargahar, District- Rohtas, Bihar 3.
Shashikant Choudhary @ Shashikant Kumar S/O Rajbansh Choudhary R/o Village- Rampur, P.S.-Kargahar, District- Rohtas, Bihar 4.
Dharamraj Choudhary S/O Rajbansh Choudhary R/o Village- Rampur, P.S.- Kargahar, District- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the State :
Mr. Mukesh Kumar Singh, APP For the Informant :
Mr. Ashish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Kargahar P.S. Case No. 77 of 2025 registered for the offence under Sections 127(1), 329(4), 115(2), 117(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the B.N.S., lodged on 17.03.2025 by the informant, Dhana Devi.
3. As per the prosecution story, the informant alleged that on minor dispute, the accused persons came and resorted to assault, when the informant went to save her husband, the female inmates were also assaulted. This led to the F.I.R.
2/4
4. Learned counsel for the petitioner submits that both are agnates, there is a case and counter case, the allegation is that though all in turn Rajbansh Choudhary and Sanjharo Devi and Shashikant Chaudhary assaulted causing injuries.
5. Earlier, the coordinate Bench had called for the case diary and learned counsel for the informant has taken this Court to the injury reports of the family inmates to show that most of the injuries have been found on the skull and the opinion has been reserved by the Medical Officers. He submits that it was a brutal assault and with the grace of God they survived.
6. Considering the submissions as also the injury report that is part of the case diary, no relief can be extended to the petitioner no.1, 2 and 3 namely, Rajbansh Choudhary, Sanjharo Devi and Shashikant Choudhary @ Shashikant Kumar respectively. Their anticipatory bail application stands rejected.
7. However, if the petitioner no.1, 2 and 3 namely, Rajbansh Choudhary, Sanjharo Devi and Shashikant Choudhary @ Shashikant Kumar surrender within a period of four weeks, files bail application, the court concerned shall consider the matter and dispose it of preferably on the same day.
8. However, petitioner no.4, Dharamraj Choudhary is
3/4 concerned, he is a young person having no criminal antecedent, though his presence has been recorded, the allegation of assault is not against him. In that background, this Court is inclined to extend petitioner no.4, Dharamraj Choudhary the privilege of anticipatory bail.
9. Let the petitioner no.4, Dharamraj Choudhary be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Kargahar P.S. Case No. 77 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.4, Dharamraj Choudhary who shall provide official document to show his/her bona fide; (ii) the petitioner no.4, Dharamraj Choudhary shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iii) the petitioner no.4, Dharamraj Choudhary shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at
4/4 liberty to take steps for cancellation of the bail bonds; (iv) the petitioner no.4, Dharamraj Choudhary shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J) vinayak/- U T