Rakesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80377 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== Rakesh Chaudhary S/o Ashok Choudhary R/o Village- Megh Raja Bigha (Pavai), P.S.-Aurangabad (Muffasil), District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 103(1) and 3(5) of the BNS.

3. The prosecution case, in brief, is that on 24.04.2025 at about 08:00 P.M., eleven named accused persons, including this petitioner, went near the Panchayat Bhawan, removed the door, and entered the premises. They allegedly assaulted the informant's father with lathi and danda, causing an injury to his head. Upon hearing the commotion (hulla), the informant reached the spot and found the petitioner pressing his shoes against the neck of the informant's father, while Vikash Kumar was on his chest and pressing it. On seeing the informant, all the accused persons fled. The informant's father

Patna High Court CR. MISC. No.80377 of 2025(2) dt.27-11-2025 2/2 died during the course of treatment.

4. Learned counsel for the petitioner submits that it is a specific case of the informant that eleven named accused persons assaulted the deceased and this petitioner was allegedly seen with his shoes on the neck of the deceased. However in the post-mortem report, no such injury was found on the neck of the deceased, and only two injuries were found on the person of the deceased. Petitioner is in custody since 19.08.2025.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Muffasil) P. S. Case No. 149 of 2025.

(Prabhat Kumar Singh, J) AjayMishra/- U T