Dablu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62748 of 2025 Arising Out of PS. Case No.-380 Year-2024 Thana- Kharagpur District- Munger ====================================================== Dablu Chaudhary S/o Devi Chaudhary R/o vill - Singhpur, Ps- Haweli Kharagpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deep Anshuman, Advocate For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case no.380 of 2024 registered under Sections 191(2), 190, 126(2), 115(2), 117(2), 308(2), 331(4), 303(2), 324(4), 324(5), 316(2), 352, 351(2) and 351(3) of the B.N.S,2023.
3. The allegations in the F.I.R is that the accused persons including the petitioner herein entered the shop of the informant and demanded Rs.50,000/-. Upon protest, the petitioner assaulted the informant's husband by means of iron rod due to which he sustained injuries.
4. Learned counsel for the petitioner submits at the outset that there is delay of 5 days in lodging of the F.I.R as the
Patna High Court CR. MISC. No.62748 of 2025(2) dt.15-09-2025 2/3 occurrence took place on 09.12.2024 and the F.I.R was lodged on 14.12.2024. The petitoner is the brother of the owner of the house in which he rents the shop. There is case and counter case filed by wife of the petitioner on the informant being Kharagpur P.S. Case No. 146 of 2025. There is general and omnibus allegation levelled against the petitioner of assault upon informant's husband. The injury attributable to the petitioner is simple in nature which would be evident from the bail rejection order of the learned Court below. The petitioner undertakes to co-operate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner has three criminal antecedents. In response, learned counsel for the petitioner submits that all the three cases are under the excise act and the petitioner is on bail in the said cases.
6. Taking into consideration the fact that there is case and counter case and the injury attributable to the petitioner is simple in nature, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kharagpur P.S. Case no.380 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.62748 of 2025(2) dt.15-09-2025 3/3 two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer as and when required till the investigation is concluded against him.
(III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks.
(Soni Shrivastava, J) Harsh/- U T