Subhan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58002 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== 1.
Subhan Chaudhary, Son of Rajbanshi Chaudhary Resident of village- Kohra Binwaliya ward no 10 PS- Srinagar Pujaha District -West Champaran 2.
Ramakant Chaudhary, Son of Suban Chaudhary Resident of village- Kohra Binwaliya ward no 10 PS- Srinagar Pujaha District -West Champaran 3.
Rangeela Chaudhary son of Suban Chaudhary Resident of village- Kohra Binwaliya ward no 10 PS- Srinagar Pujaha District -West Champaran 4.
Chhabila Chaudhary, son of Suban Chaudhary Resident of village- Kohra Binwaliya ward no 10 PS- Srinagar Pujaha District -West Champaran 5.
Ramesh Chaudhary, son of Madan Chaudhary Resident of village- Kohra Binwaliya ward no 10 PS- Srinagar Pujaha District -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sujeet Kumar, Advocate For the State :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Srinagar P.S. Case No. 81 of 2025, dated 29.03.2025, registered for the offences punishable under Sections 126(2), 115(2), 119(1), 74, 303(2), 308(2), 352, 351(2) and 3(5) of B.N.S., 2023.
3. The sum and substance of the allegation is that
Patna High Court CR. MISC. No.58002 of 2025(2) dt.27-08-2025 2/3 when the informant was going to plough his land, the petitioners and one other co-accused started saying that only after payment of Rs. One lac, he will be allowed to plough his land.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the land in question belongs to the petitioners' side, because the petitioner/accused and the informant are agnates and on account of land dispute, the present false case has been filed.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner nos. 1 & 2 have one criminal antecedent, whereas petitioner nos. 3, 4 and 5 have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the dispute regarding Title to the subject property, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period
Patna High Court CR. MISC. No.58002 of 2025(2) dt.27-08-2025 3/3 of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Srinagar P.S. Case No. 81 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) shoaib/- U T