Devanand Chaudhary @ Devanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75457 of 2025 Arising Out of PS. Case No.-372 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.
Devanand Chaudhary @ Devanand Kumar, S/O Lalit Chaudhari @ Lalit Chaudhary, R/O Village- Chakdah, P.S - Rajnagar, District - Madhubani. 2.
Karan Chaudhary @ Karan Kumar, S/O Tinku Chaudhary, R/O VillageChakdah, P.S - Rajnagar, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75738 of 2025 Arising Out of PS. Case No.-372 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Dayanand Chaudhary, Son of Lalit Chaudhary @ Latlit Chaudhari, R/O VillChakdah, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 75457 of 2025) For the Petitioner/s :
Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, Adv.
(In CRIMINAL MISCELLANEOUS No. 75738 of 2025) For the Petitioner/s :
Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-11-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. Both the matters are arising out of same P.S. Case
Patna High Court CR. MISC. No.75457 of 2025(2) dt.27-11-2025 2/3 and, as such, with the consent of the parties are being heard together and disposed off by this common order.
3. The petitioners are apprehending their arrest in connection with Madhubani Town P.S. Case No. 372 of 2019, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
4. While the informant alongwith his brother were returning to home after attending the immersion of the goddess, in the meanwhile, the petitioners alongwith others surrounded them and brutally assaulted by means of iron rod, danda and knife.
5. Learned Advocate appearing on behalf of the petitioners submitted that so far the allegation of inflicting the knife blow is concerned, the same is levelled against petitioner Dayanand Chaudhary. Moreover, the entire case falls to the ground for the simple reason that the injuries have been found to be simple in nature. It is further contended that since the petitioners were not aware with regard to the institution of the FIR, therefore, delay has occurred in approaching the Court for grant of anticipatory bail. All the more, the investigation is still pending.
6. On the other hand, learned Advocate for the State
Patna High Court CR. MISC. No.75457 of 2025(2) dt.27-11-2025 3/3 vehemently opposed the pre-arrest bail application.
7. Having considered the submissions advanced and taking note of the fact that the petitioners are named in the FIR with a specific accusation of causing assault to the informant and his brother and the FIR in this regard came to be instituted on 10.10.2019 itself, but the present application for anticipatory bail is filed in the year 2025, hence the petitioners were evading their arrest since long. In view of the aforesaid facts, this Court is not acceded to the prayer for anticipatory bail of the petitioners. However, if the petitioners surrenders before the jurisdictional Court, preferably within a period of four weeks from today, their prayer for bail shall be considered without being prejudice by the order of this Court and taking note of the submissions of the petitioners, including the submission that the injured has sustained simple nature of injury.
8. Both the applications stand dismissed with the aforesaid observation.
(Harish Kumar, J) supratim/- U T