Mahendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56467 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Mahendra Chauhan (M), aged about 35 years, S/o Ramrup Chauhan @ Ramsrup Chauhan, Resident of village - Charna Chatar, P.S. - Nardiganj, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP For the Informant :

Mr. Arjun Prasad No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner, learned counsel for the Informant, learned APP for the State and perused the case diary.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 126(2), 127(2), 352, 351(2), 109 and 3(5) of the BNS.

3. As per allegation in the FIR, the petitioner and his brother abused the brother of informant and in sequence of event, he instigated his brother to shot fired upon the brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.56467 of 2025(3) dt.17-10-2025 2/2 submits that there is general and omnibus allegation and allegation of firing is made upon other co-accused, namely, Ram Pyare Chouhan and not against this petitioner. Petitioner is in custody since 15.03.2025 and he has got clean antecedent as stated in para-3 of the petition.

5. Learned APP for the State as learned counsel for the Informant opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary, injury report and impugned order dated 30.06.2025, it appears that there is no specific allegation against the petitioner and specific allegation of shot firing is made upon the other coaccused and not against this petitioner, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mati Sonal Saroha, Judicial Magistrate, Ist Class, Nawada/concerned Court in connection with Nardiganj P.S. Case No.104 of 2025.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T