Achhaibar Chaudhary @ Chhaibar Chaudhary v. The State of Bihar
CR. MISC./16707/2025 · 2025-04-16
Satyavrat Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26488 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26488 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16707 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- SIKRAUL District- Buxar ======================================================
1. Achhaibar Chaudhary @ Chhaibar Chaudhary S/o Late Hira Lal Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
2. Vijay Chaudhary S/o Late Mohan Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
3. Jitendra Chaudhary S/o Vijay Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
4. Vakil Chaudhary S/o Vijay Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
5. Prayag Chaudhary S/o Sri Bhagwan Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
6. Surendra Chaudhary S/o Yamuna Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar
7. Arjun Chaudhary S/o Late Bala Chaudhary R/o Village- Narshandih, PS- Sikraul, Distt.- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh, Advocate Mr. Amarendra Kumar, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Vikram, Advocate Ms. Alka Singh, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 16-04-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 109, 352 and 351(2) of the BNS. 3. Learned counsel for the petitioners submits that petitioners no. 2, 4 and 7 have antecedent of one case and
Patna High Court CR. MISC. No.16707 of 2025(2) dt.16-04-2025 2/3 petitioners no. 1, 3, 5 and 6 are persons with clean antecedent. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that he was cleaning the grass on the government land when the accused persons including the petitioners came and objected saying that they intend to put cow dung on the land on account of which an altercation took place and the side of the accused assaulted the side of the informant leading to injuries. 4. Learned counsel for the petitioners next submits that no doubt, an altercation had taken place but then both sides assaulted each other. It is further submitted that allegation of assault is not specific rather is general and omnibus in nature.
It is next submitted that even the injury suffered by the injured is simple in nature which amply demonstrates that petitioners never had any intention of committing a serious occurrence. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.16707 of 2025(2) dt.16-04-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sikraul P.S. Case No. 143 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. Kundan/- (Satyavrat Verma, J) U T