IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37859 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== Rajesh Chaudhary Son of Naresh Chaudhary Resident of village- Satisthan Ps- Rajauli, Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Rajauli P.S. Case No.06 of 2026 registered for the offence punishable under Sections 103(1) & 3(5) of the BNS. 3. The case of the prosecution, in short, is that one Mukesh Chaudhary has assaulted with brick on the head of the informant’s wife. It is further alleged that this petitioner has assaulted with lathi on the back of the informant’s wife who succumbed to the injuries. 4. Learned counsel appearing on behalf of the petitioner has submitted that from perusal of the FIR it is clear that main thrust of allegation is against Mukesh Chaudhary and as far as allegation against this petitioner is concerned, it is Patna High Court CR. MISC. No.37859 of 2026(2) dt.17-06-2026 2/3 alleged that he has assaulted with lathi on the back. From perusal of the order of the learned trial court it will transpire that the learned trial court has recorded that “the informant has mentioned in fardbayan that the petitioner assaulted deceased with lathi. As per post-mortem report laceration has been found underneath of size 2 X 0.5 inch on left temporo parietal region of head and swelling and bruising on left temporal scalp of size 15 X 10 X 10 cm. were found”. Learned counsel for the petitioner has further submitted that in post-mortem no injury on the back of the deceased was found whereas allegation against the petitioner is that he has assaulted with lathi on the back of the deceased. It has further been submitted that allegations does not co-relate with the post-mortem. Moreover, main thrust of allegation is against Mukesh. It has lastly been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 03.02.2026. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail Patna High Court CR. MISC. No.37859 of 2026(2) dt.17-06-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No.06 of 2026. durgesh/- (Ashok Kumar Pandey, J) U T