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2025 DAILYLAW 52825 (PAT)

Karu Chaudhary v. The State of Bihar

CR. MISC./39144/2025 · 2025-07-09

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39144 of 2025 Arising Out of PS. Case No.-75 Year-2023 Thana- ATRI District- Gaya ====================================================== 1. Karu Chaudhary Son of Late Kishun Chaudhary Resident of Village- Chakra, P.S.-Atri, Distt.- Gaya 2. Munarik Chaudhary Son of Karu Chaudhary Resident of Village- Chakra, P.S.-Atri, Distt.- Gaya 3. Sardha Devi @ Sadhiya Devi Wife of Karu Chaudhary Resident of Village- Chakra, P.S.-Atri, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh For the Opposite Party/s : Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 09-07-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Atri P.S. Case No. 75 of 2023 dated 19.02.2023 registered for the offence under Sections 341, 323, 308, 504 and 34 of the I.P.C. 3. As per the prosecution case on 18.02.2023 at about 9:00 a.m. while the informant was going towards his village the petitioner no. 1 started abusing the informant and when the informant protested, the son of the petitioner no. 1 arrived there and started assaulting the informant with iron rod causing head injury. It has further been alleged that the petitioner no. 1 along Patna High Court CR. MISC. No.39144 of 2025(2) dt.09-07-2025 2/2 with his wife assaulted the informant with lathi on his right hand. 4. Learned counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. A counter case has also been lodged by the side of the petitioners against the informant and others. The injury caused to the informant is simple in nature. 5. Learned counsel for the state submits that petitioners have got no apprehension of arrest inasmuch as benefit of Section 41-A Cr.P.C. has been given to the petitioners. 6. Having regard to the fact that petitioners have been given the privilege of Section 41-A of the Cr.P.C. as such, the petitioners have got no apprehension of arrest right now. Accordingly, the present anticipatory bail application is not maintainable and the same is dismissed as not maintainable. 7. However, if the petitioners apprehend their arrest in future after filing of the charge sheet, they may renew their prayer for bail afresh. praful/- (Anil Kumar Sinha, J) U T