Awadhesh Chourasiya @ Abdhesh Chourasiya @ Awdhesh Chourasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67725 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- ANGARGHAT District- Samastipur ====================================================== Awadhesh Chourasiya @ Abdhesh Chourasiya @ Awdhesh Chourasiya S/o Ram Udgar Chourasiya @ Ramudgaar Chourasiya, R/o Village - Muriyaro, P.S. - Angarghat, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate For the State :
Mr. Yogendra Kumar, APP For the Informant :
Mr. Mukesh Kumar No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-12-2025 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 Angarghat P.S. Case No. 40 of 2025 dated 16.04.2025, registered for the offences punishable under Sections 329(4), 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352 and 351(2) of the B.N.S., 2023.
3. As per the prosecution case, petitioner and other co-accused persons armed with iron-rod and bamboo sticks came to the doors of the informant and this petitioner hurled filthy abuses and asked the informant to vacate the land. When the informant opposed, she was assaulted by this petitioner on her head and the informant also received injury on her hand and
2/4 fell down. She was further assaulted with lathi. The husband of the informant was also assaulted.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. No occurrence in the manner as alleged has ever taken place. The case was lodged after due deliberation and after thought as for an occurrence that took place on 13.04.2025, the FIR has been instituted on 16.04.2025 without any satisfactory explanation. There is no injury on head and the injury report shows pain and swelling on right hand, abrasion over left forearm and abrasion over abdominal wall apart from left shoulder pain. Though, due to fracture of metacarpal bone, one of the injury of hand is stated to be grievous while other injuries are simple in nature. Learned counsel further submits that there was no intention to cause death and this fact is apparent from the allegation made in the FIR itself.
Learned counsel next submits that petitioner is having antecedent of one case in which the petitioner was released on due admonition under Section 3 of the Probation of Offenders Act. Learned counsel lastly submits that petitioner is in custody since 25.05.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
3/4 as well as learned counsel for the informant oppose the submissions made on behalf of the petitioner. Learned counsel for the informant submits that the informant has received a number of injuries and one such injury is stated to be grievous and it is fracture of metacarpal bone.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and petitioner's period of custody and submission of chargesheet against him, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur / concerned Court, in connection with Angarghat P.S. Case No. 40 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. 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.
4/4 (iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T