← Library
Patna High CourtCR. MISC./85483/2025bail granted

Jairam Chaudhary v. The State Of Bihar

2026-01-06Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85483 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- BADHAILA District- Rohtas ====================================================== 1.

Jairam Chaudhary S/O Bhagwan Chaudhary R/O Village- Noniya Dih, P.SBaghaila, Distt.- Rohtas at present resident of Village- Shankar Tola, P.SNokha, Distt.- Rohtas. 2.

Mukesh Chaudhary S/O Vijay Chaudhary R/O Village- Shankar Tola, P.SNokha, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

2. The petitioners seeks bail in connection with Baghaila P.S. Case No. 156 of 2025, dated 04.10.2025, instituted for the offences under Sections 109, 191(2), 190, 126(2), 115(2), 74, 303(2), 329(4), 352, 351(2) of the B.N.S.

3. As per prosecution case, the informant has alleged that, in the morning some altercation took place between two persons and thereafter all the accused persons variously armed with lathi and danda started assaulting the informant and even abused her. When her son and daughter came to rescue her, they also assaulted them and even the husband of the informant was

2/4 assaulted, causing grievous injury.

4. Learned counsel for the petitioners submit that there is general and omnibus allegation against the petitioners. It has been submitted that the injury report has been brought on record and from perusal of the same, all the injuries sustained by the members of the prosecution parties are found to be simple in nature, except two injuries sustained by the husband of the informant, though, on the non vital part of the body. It has next been submitted that the occurrence took place on account of some personal dispute between the two families, who are the members and which escalated to such an occurrence that there was case and counter case between the parties and another F.I.R. bearing Baghaila P.S. Case No. 157 of 2025 was lodged on behalf of the defence side, by the petitioner no. 1 of this case.

It has also been stated that the injuries were sustained by both the sides and the petitioners carry clean antecedent and they are in custody since 05.10.2025. It has further been submitted that the husband of the informant has sustained grievous injuries, though on the non vital part of the body.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid submissions, the

3/4 petitioners above named, are directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sasaram, Rohtas in connection with Baghaila P.S. Case No. 156 of 2025, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same or in the name of verification.

4/4

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) pravinkumar/- U T