Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58127 of 2025 Arising Out of PS. Case No.-431 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Bhola Chaudhary S/o- Late Kali Charan Chaudhary Village- Rajaura Kharua Tola Ps- Muffasil Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence under Section 109(1), 352, 117(2), 118(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the allegation in the FIR, petitioner along with other co-accused person have abused and assaulted the informant and his mother and one of the co-accused person also started firing indiscriminately upon the informant due to which he and his mother sustained bullet injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was not carrying any weapon neither there has been any specific allegation of overtact against the petitioner, the only allegation against the

Patna High Court CR. MISC. No.58127 of 2025(2) dt.27-08-2025 2/2 petitioner is that he was present at the place of occurrence. He further submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that one similarly situated co-accused person, namely, Fulan Devi has already granted bail by this Court vide order dated 16.07.2025 passed in Cr. Misc. No. 44642 of 2025. He next submits that petitioner is in custody since 29.03.2025 and has got clean antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the submissions of the learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Begusarai in connection with S.T. Case No. 568 of 2025 arising out of Muffasil P.S. Case No.431 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T