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Patna High CourtCR. MISC./69519/2025bail granted

Ram Binod Chaurasiya @ Mahto v. The State Of Bihar

2025-10-08Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69519 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Ram Binod Chaurasiya @ Mahto S/O Late Bhikhan Chaurasiya R/O VillageAkha, P.S- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the State :

Mr.Binod Kumar, A.P.P.

For the Informant :

Mr. Rahul Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 161 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 308(4), 352, 351(3), 3(5) of the BNS.

3. As per the prosecution case, petitioner and other coaccused persons assaulted the brother of the informant with 'Paghariya' (a sharp weapon) and spade causing serious injuries to the brother of the informant. The informant also received injury in this assault. The occurrence took place in the background of payment of Rs.2 lakh as extortion money from the informant by the petitioner and other co-accused persons.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated

Patna High Court CR. MISC. No.69519 of 2025(2) dt.08-10-2025 2/3 in this case. He is an elderly person aged about 55 years and was not in a physical position to inflict any of the injuries as alleged in the FIR. There is land dispute between the parties and this fact also came in the statement of the witnesses recorded during investigation. The informant and his brother first assaulted the petitioner and he resisted and the brother of the informant received injuries. The injuries of the brother of the informant is not from any sharp or heavy weapon. The witnesses also stated that there was not demand of any extortion money. There is a counter case lodged by the petitioner against the informant vide Complaint Case No. 861C of 2025. The petitioner is having clean antecedent and he is in custody since 24.06.2025. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State and the learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the brother of the informant received injuries which are grievous in nature and has caused fracture of right temporal and parietal bone of head.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the

Patna High Court CR. MISC. No.69519 of 2025(2) dt.08-10-2025 3/3 petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai/concerned court, in connection with Bhagwanpur P.S. Case No. 161 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T