Suresh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52544 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- NAYA RAM NAGAR District- Munger ====================================================== Suresh Choudhary S/o Late Bengali Choudhary R/o Vill./MuhallaNauwagarhi, P.S. - Naya Ram Nagar, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP For the informant :
Mr. Raj Kumar Choudhary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Naya Ram Nagar P.S. Case No. 13 of 2025, dated 23-02-2025, registered for offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 20-02-2025 at about 4 PM, while the informant was at home, co-accused Prashant Choudhary allegedly broke open a box and stole Rs. 4,000 and silver ornaments. The informant saw coaccused Prashant fleeing the house with stolen items; upon raising the alarm, her husband arrived, to whom she narrated the incident.It is further alleged that both of them went to Prashant's
Patna High Court CR. MISC. No.52544 of 2025(2) dt.12-08-2025 2/3 house and told the story to Suresh Choudhary (petitioner). It is alleged that petitioner and others took the informant's husband inside their house and assaulted him with iron rods and sticks, on account of which, the victim lost consciousness. He was taken to Sadar Hospital, Munger, and later referred to J.L.N.M.C. Bhagalpur, where he died during course of treatment on 22/02/2025.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that during the course of investigation, all witnesses, including the informant, consistently stated before the police that Prashant Choudhary, the son of the petitioner, had thrown a brick at the head of the deceased, causing a head injury which made the deceased unconscious. Thereafter, the petitioner, along with his wife and daughter, took the deceased to Sadar Hospital, Munger, for medical treatment. It is further submitted that the petitioner is a cousin of the deceased. There are no specific allegations against the petitioner; rather, the allegations against him are general and omnibus in nature. The petitioner has been in judicial custody since 24-02-2025 and has no criminal antecedents..
5. Learned counsel for the informant and the learned
Patna High Court CR. MISC. No.52544 of 2025(2) dt.12-08-2025 3/3 Additional Public Prosecutor for the State have vehemently opposed the prayer for bail and submitted that the petitioner is a member of the unlawful assembly.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let 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 J.M. 1st Class, Munger, in connection with Naya Ram Nagar P.S. Case No. 13 of 2025.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T