Maheshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75511 of 2025 Arising Out of PS. Case No.-298 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Maheshwar Chaudhary S/o- Late Ramautar Choudhary Village- Gopalpur, Police Station- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. Nawal Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kalyanpur Police Station Case No. 298 of 2025, dated 25.08.2025, disclosing offences under Sections 126(2)/115(2)/303(2)/109/76/352/3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 21.08.2025 while the informant was at her doorstep the petitioner, along with other accused persons, started abusing her. When the informant protested, the accused persons dragged the informant from her home, pulled her down to the ground and torn her clothes. It has further been alleged that the petitioner has assaulted the

Patna High Court CR. MISC. No.75511 of 2025(2) dt.03-12-2025 2/3 informant by means of iron-rod due to which she sustained injury on her head.

4. Learned counsel for the petitioner submits that the petitioner is neighbour of the informant and occurrence had taken place on 21.08.2025, but the FIR has been lodged after delay of four days on 25.08.2025. He next submits that in fact the goat of the informant had entered into the maize field of the petitioner and started grazing and upon protest the present FIR has been lodged after delay. Referring to the injury report, learned counsel submits that informant has sustained injury on her right hand, whereas, there is specific allegation of assault on head of the informant.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbour, there is delay in lodging of the FIR and informant has sustained injury on non-vital part of the body, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.75511 of 2025(2) dt.03-12-2025 3/3 released 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, Samastipur, in connection with Kalyanpur Police Station Case No. 298 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T