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2026 DAILYLAW 3228 (PAT)

Rupesh Kumar Chaudhary v. The State of Bihar

CR. MISC./10641/2026 · 2026-04-22

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10641 of 2026 Arising Out of PS. Case No.-949 Year-2025 Thana- MUZAFFARPUR SADAR District- Muzaffarpur ====================================================== Rupesh Kumar Chaudhary Son of Hira Lal Chaudhary R/o Mohalla - Bhagwanpur Chowk, P.S. - Sadar, Dist. Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kaushal Kishor, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 4 22-04-2026 Heard learned counsel for the parties and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered under Sections 126(2), 115(2), 109, 118(1) and 3(5) of the Bharatiya Nyaya Sanhita. 3. As per the F.I.R., it is alleged that the petitioner and his wife assaulted the family members of the informant due to which they sustained injuries. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner and informant are chacha-bhatija and due to family dispute, altercation took place between the parties. The informant side were the aggressor and both the parties have Patna High Court CR. MISC. No.10641 of 2026(4) dt.22-04-2026 2/3 sustained injuries in the said occurrence. There is case and counter case between the parties. Except one injury which is grievous in nature to the injured Rajesh Kumar Chaudhary, other injured have sustained simple injuries. Petitioner has got one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for bail. 6. Having considered the facts and circumstances of the case, submissions of learned counsel for the parties and the fact that petitioner and informant are chacha-bhatija and due to family dispute, occurrence took place in which both sides got injured, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 949 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with further conditions:- (i) Petitioner shall co-operate in the investigation and Patna High Court CR. MISC. No.10641 of 2026(4) dt.22-04-2026 3/3 trial and on non-cooperation of petitioner during investigation/trial, the Court concerned is at liberty to cancel his bail bond. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bond. utkarsh/- (Sunil Dutta Mishra, J) U T