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2025 DAILYLAW 59149 (PAT)

Sohit Chaudhary @ Tanku Chaudhary @ Sohit Kumar v. The State of Bihar

CR. MISC./45672/2025 · 2025-08-04

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45672 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- DELHA District- Gaya ====================================================== 1. Sohit Chaudhary @ Tanku Chaudhary @ Sohit Kumar S/O Renu Chaudhary R/o Mohalla- Vijay Bigha, Dhaniya Bagicha,PS- Delha,Distt- Gaya 2. Rani Devi W/O Renu Chaudhary R/o Mohalla- Vijay Bigha, Dhaniya Bagicha,PS- Delha,Distt- Gaya 3. Renu Chaudhary S/O Bundi Chaudhary R/o Mohalla- Vijay Bigha, Dhaniya Bagicha,PS- Delha,Distt- Gaya ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 04-08-2025 Heard Mr. Mrigendra Kumar, learned counsel for the petitioners and Mr. Md. Matloob Rab, learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Delha P.S. Case No. 26 of 2025 instituted for the offence under Sections 191(1), 191(2), 190, 126(2), 115(2), 109, 117(2), 118, 303(2), 351(3), 352/3(5) of Bhartiya Nyaya Sanhita. 3. The case of the prosecution is that Santu and Sanjeet Kumar both nephews of the informant were sitting at park near the house, meanwhile, all FIR named accused persons Patna High Court CR. MISC. No.45672 of 2025(2) dt.04-08-2025 2/3 including the petitioners along with ten unknown persons armed with weapon caught both the nephews of the informant abused them and assaulted them. Specific allegation against petitioner Sohit Chaudhary is that when Bharat Kumar came to rescue the nephews of the informant, then Banda Chaudhary, Sohit Chaudhary, Rohit Chaudhary and Bade Chaudhary started assaulting with iron rod and lathi. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted by learned counsel for the petitioners that the allegation against petitioner no. 2 and petitioner no. 3 is general and omnibus. Allegation against petitioner Sohit Chaudhary does not disclose his role in the act. He has also submitted there is also a counter version of this case. 5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a Patna High Court CR. MISC. No.45672 of 2025(2) dt.04-08-2025 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Delha P.S. Case No. 26 of 2025, they will be enlarged 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 learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down under section 482(2) of B.N.S.S. Shubham/- (Ashok Kumar Pandey, J) U T