Mohan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67791 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Mohan Chaudhary S/O Late Kalicharan Chaudhary R/O village- Mahishi, Ward No.10, P.S.- Mahishi, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Choudhary, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For the Informant :

Mr. Ashish Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. Case No. 156 of 2024 arising out of Masaurhi P.S. Case No. 7 of 2024 instituted for the offences under Sections 341, 342, 323, 354B, 324, 302/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner attempted to outrage the modesty of the informant when she went to collect leaves. When the husband of the informant intervened, the petitioner assaulted him with axe and as a result of which he sustained injuries causing his death.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.67791 of 2025(2) dt.22-09-2025 2/2 present case and the allegations levelled against the petitioner are false and concocted. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that no such occurrence as alleged in the FIR has been committed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.01.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner stating that there is direct allegation against the petitioner of giving axe blow to the deceased causing his death and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also there being direct allegation against the petitioner of assaulting the deceased by axe, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T