IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1822 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Bali Chaudhary @ Baliram Choudhary @ Banki Chaudhary, S/O Late Methi Chaudhary @ Manshi Chaudhary, R/O Village- Tumkadiya, P.S- Bairiya, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 6 02-05-2025 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State. 2. Petitioner seeks anticipatory bail in connection with Bairiya P.S. Case No. 188 of 2024 dated 03.06.2024 registered for the offences punishable under sections 341, 323, 324, 308, 504 and 379 read with section 34 of the Indian Penal Code. 3. As per the prosecution story, the informant alleged that the petitioner along with other co-accused persons assaulted him, his wife and son with lathi, danda, ironrod and farsa on account of dispute relating to the passage leading to his house. It is further alleged that in the said incident, this petitioner assaulted him by a farsa at his head, owing to which, he became unconscious. Patna High Court CR. MISC. No.1822 of 2025(6) dt.02-05-2025 2/4 4. The main submissions advanced by petitioner’s counsel are that this is the second attempt of the petitioner to get the relief of anticipatory bail after his first prayer was rejected by this Bench vide order dated 18.09.2024 passed in Cr. Misc. No. 61161 of 2024 and the fresh grounds for renewing the prayer for the same relief are that when the petitioner’s first prayer was decided, the final opinion with regard to injury No. 1 found on the left parietal region of the skull of the informant, which has been attributed to this petitioner, was not available before this Bench and later the final opinion was given and according to the medical expert, the said injury has been opined to be simple in nature and secondly, the petitioner himself was the victim of assault and he was badly assaulted by the prosecution party, for which, he lodged Bairiya P.S. Case No. 187 of 2024 and in the said case, his statement was recorded in surgery ward when he was in injured condition, in fact the petitioner was assaulted on 23.05.2024 but in his fardbeyan, the concerned police official changed the date by making some overwriting on the date which is clearly evident from the fardbeyan. It is further submitted that the petitioner sustained 3 injuries in the assault committed with him by the prosecution party, out of them, one injury found to his left hand has been Patna High Court CR. MISC. No.1822 of 2025(6) dt.02-05-2025 3/4 opined to be grievous in nature and the accused persons in Bairiya P.S. Case No. 187/2024, relating to the petitioner’s case, have been granted bail by the trial court upon their surrender. It is lastly submitted that both the parties have entered into compromise and they have filed a compromise petition before the trial court. 5. Learned APP for the State has opposed the bail prayer of the petitioner. 6. No one appears on behalf of the informant. 7. Heard both the sides and perused the relevant materials including the FIR, case diary of the present matter as well as case diary of Bairiya P.S. Case No. 187/2024. The petitioner’s prayer has already been rejected on merit considering the seriousness of the allegation and while rejecting his prayer, this Court took into account the farsa blow allegedly inflicted by this petitioner at the head of the informant and the said allegation gets corroboration from the injury report of the informant, though the injury attributed to this petitioner has been opined to be simple in nature but however, considering the vital part of the body upon which the petitioner used a fatal weapon, this Court is not persuaded to take a different approach that had been taken earlier. Accordingly, this Court finds no Patna High Court CR. MISC. No.1822 of 2025(6) dt.02-05-2025 4/4 merit in this petition, so, it stands rejected. 8. However, considering the good relation having established in between both the parties as stated above, the petitioner is given a liberty to surrender before the trial court, if he avails this liberty in the next two weeks then the learned trial court will decide his regular bail prayer on the same day of his surrender without being prejudiced with this order, according to merit. annu/- (Shailendra Singh, J) U T