Mahavir Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71467 of 2025 Arising Out of PS. Case No.-319 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== 1.
Mahavir Chaudhary S/o- Shivrat Chaudhary R/Village- Palkiya POUdhampur PS- Madanpur District- Aurangabad 2.
Sudhir Chaudhary @ Sudhir Kumar Chaudhary S/o- Mahavir Chaudhary R/Village- Palkiya PO-Udhampur PS- Madanpur District- Aurangabad 3.
Shambhu Chaudhary @ Shambhu Kumar Chaudhary S/o- Mahavir Chaudhary R/Village- Palkiya PO-Udhampur PS- Madanpur DistrictAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rakesh Singh, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 109, 191(2), 190, 126(2), 115(2), 117(2), 352, 351(3) and 3(5) of the B.N.S..
3. As prosecution case, it is alleged that on 26.07.2025 at about 6 PM, all the F.I.R. named accused persons, including these petitioners, abused and assaulted informant and her family members.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.71467 of 2025(2) dt.13-10-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, dispute arose between the parties over throwing of garbage which led to simple maar-peet in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Injuries sustained by the injured are simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case
Patna High Court CR. MISC. No.71467 of 2025(2) dt.13-10-2025 3/3 No. 319 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T