Abhishek Chaubey @ Golu Chaubey @ Abhishek Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61412 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Abhishek Chaubey @ Golu Chaubey @ Abhishek Dubey S/O Satendra Chaubey Resident of Village- Akderwa, P.S.- Gopalganj, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard Mr. Adesh Raj Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Gopalganj P.S. Case No. 43 of 2024 instituted for the offence under Sections 341, 323, 324, 327, 447, 387 & 34 of the Indian Penal Code.

3.

The prosecution story in brief is that the informant was repairing his ancestral room and boundary wall and on 12.01.2024 at about 11:30 a.m., several known land mafias, against whom he had already lodged a written complaint, namely Chandeshwar Tiwari, Bhola Pandey, Rinki Pandey, Vijay Soni, Abhilekh Kumar Tiwari, Anil Pandey and petitioner, came to the spot, demanded extortion of Rs. 10 lakh and

Patna High Court CR. MISC. No.61412 of 2025(2) dt.04-09-2025 2/3 threatened him with dire consequences for non-payment. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-05-2025. Petitioner bears six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no eye witness to the occurrence. There is land dispute between the parties and previously, informant and his wife has lodged three criminal cases against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. As per allegation in the FIR, petitioner has fired upon the informant and he has not sustained any injury. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 01-10-2024, passed in Cr. Misc. No. 67259 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.61412 of 2025(2) dt.04-09-2025 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalganj P.S. Case No. 43 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T