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Patna High CourtCR. MISC./79063/2025allowed

Chandra Mohan Chaudhri v. The State Of Bihar

2025-12-16Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79063 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- SINDHIYA District- Samastipur ====================================================== Chandra Mohan Chaudhri S/o Late Triveni Chaudhri R/o VillageMohaddipur, Post-Wari, P.S.- Singhiya, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-12-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Singhiya P.S. Case No. 130 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 76, 352, 351(2), 3(5) of the BNS.

3. The petitioner along with co-accused Prince Kumar Chaudhari and others have brutally assaulted the informant and his wife. It is specifically alleged that this petitioner assaulted the informant by means of spade over his head due to which he sustained head injury. In the meantime, when the wife of the informant came to his rescue, she was also pulled down by catching her hair and thereafter assaulted by means of fists and slaps. There is further allegation of snatching of the valuable.

Patna High Court CR. MISC. No.79063 of 2025(2) dt.16-12-2025 2/3

4. Learned Advocate for the petitioner submitted that the petitioner and the informant are none else but the full brother and they are bickering over the land dispute which resulted into some unfortunate injuries; moreover the injury which is allegedly sustained to the informant, the same is found to be simple in nature, as is evident from the impugned order. There is counter version of the present case being Singhiya P.S. Case No. 131 of 2025 instituted against the informant and his family members. The petitioner is though carrying one criminal case, however he is on bail in the said case. The petitioner further undertakes that he will fully cooperate in the proceeding of the court and would not indulge in such activity.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the assault being made by the petitioner, the informant and his wife have sustained injuries.

6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence, besides the fact that the petitioner and the informant are full brother and there is case and counter case as well as simple nature of injury, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.79063 of 2025(2) dt.16-12-2025 3/3 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 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Singhiya P.S. Case No. 130 of 2025, 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) Anjani/- U T