Mausam Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74028 of 2025 Arising Out of PS. Case No.-374 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Mausam Chaudhary, S/O Sri Sunil Chaudhary, R/village- Chakserber, P.s. Athmalgola, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 374 of 2023, registered for the offences punishable under Sections 323, 448, 504, 307 and 34 of the Indian Penal Code.
3. Allegedly all the accused persons including the petitioner came at the house of the informant and started abusing and assaulting. When the wife of the informant came out from his house, co-accused Muneshwar Chaudhary caught hold her hair and all of them assaulted by means of fist and slap. There is a specific allegation against co-accused Muneshwar Chaudhary that he assaulted the wife of the informant by means
Patna High Court CR. MISC. No.74028 of 2025(3) dt.02-12-2025 2/3 of sickle, due to which she sustained head injury.
4. Learned Advocate appearing on behalf of the petitioner referring to the FIR contended that it is evident, the specific accusation has been levelled against co-accused Muneshwar Choudhary, which resulted into serious injury and later on disclosed as grievous one by the doctor. So far the petitioner is concerned, save and except he is said to be a member who has participated in the crime, there is no specific accusation against him. Moreover, the petitioner is a man of tender age having fair antecedent, undertakes before this Court that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the injured has sustained a grievous injury.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the omnibus accusation levelled against the petitioner, coupled with his fair antecedent and the undertaking, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.74028 of 2025(3) dt.02-12-2025 3/3 sureties of the like amount each to the satisfaction of the learned Court of Sub Divisional Judicial Magistrate, Barh in connection with Athmalgola P.S. Case No. 374 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T