Allowed¶23

Kapildev Choudhary @ Kapil Kumar v. The State of Bihar

Patna HC1 May 2025CR. MISC./22817/2025

Case brief

AI extract

What is this about?

Anticipatory bail; parity with co-accused; simple injury; firing allegation causing no injury; Sections 341, 323, 307, 354, 504, 506, 34 IPC; Section 27 Arms Act; section 482(2) Bharatiya Nagarik Suraksha Sanhita 2023; Madhusudanpur P.S. Case No. 35 of 2024; CJM Bhagalpur; bail bond Rs. 25,000 with two sureties; Alok Kumar Sinha, J; Patna High Court CRL.MISC. No. 22817 of 2025.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail, on arrest or surrender within four weeks, on bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur, in connection with Madhusudanpur P.S. Case No. 35 of 2024, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. ¶23

Kapildev Choudhary @ Kapil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Madhusudanpur P.S. Case No. 35 of 2024 registered for offences under Sections 341, 323, 307, 354, 504, 506, 34 IPC and Section 27 of the Arms Act, should be granted anticipatory bail.

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Court's answer

That five of the six accused persons had already been given the privilege of anticipatory bail was a consideration weighing in favour of granting anticipatory bail to the petitioner.

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Ratio / Principle

The injury sustained by the informant is simple in nature and, although the petitioner was alleged to have fired, no one was injured; on these considerations the Court granted anticipatory bail to the petitioner.

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Key takeaways

In the event of arrest or surrender within four weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No. 22817 of 2025, decided 01-05-2025, Alok Kumar Sinha, J). Petitioner Kapildev Choudhary @ Kapil Kumar, apprehending arrest in Madhusudanpur P.S. Case No. 35 of 2024 (District Bhagalpur) for offences under Sections 341, 323, 307, 354, 504, 506 and 34 IPC and Section 27 of the Arms Act, was granted anticipatory bail on parity with five co-accused already granted anticipatory bail vide order dated 23-10-2024 in Criminal Miscellaneous No. 69825 of 2024; the injury to the informant was simple and the alleged firing caused injury to no one. Bail bond of Rs. 25,000 with two sureties of the like amount each before the learned CJM, Bhagalpur, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22817 of 2025

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Arising Out of PS. Case No.-35 Year-2024 Thana- Madhusudanpur District- Bhagalpur

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======================================================

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Kapildev Choudhary @ Kapil Kumar Son of Late Tulsi Choudhary Resident of Mohalla - Mohammadpur, Police Station - Madhusudanpur, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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=================== Appearance : For the Petitioner/s : :	=================================== Mr. S.M. Ashraf, Sr. Advocate Mr. Rana Hason, Advocate
For the Opposite Party/s : ===================	Mr. S. Azeem, A.P.P. ===================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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2 01-05-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Petitioner apprehends his arrest in a case registered

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for the offence punishable under Sections 341, 323, 307, 354, 504, 506 and 34 of the IPC and Section 27 of the Arms Act.

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The prosecution story in brief is that on 18-4-2024 at about 3:00 p.m., in front of the house of the informant accused persons namely Chandradeo Chaudhary, Kapildev Chaudhari, Amar Chaudhary, Sonu Chaudhari, Ranjeet Chaudhari and Sanjeet Chaudhary all in drunken condition started abusing and on objection they assaulted on the head of the informant by means of iron rod and lathi due to which informant sustained head injury. It is further alleged that

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Patna High Court CR. MISC. No.22817 of 2025(2) dt.01-05-2025 2/3

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Kapildeo Chaudhari fired a bullet but fortunately anyhow informant escaped and when his wife Jhunna Devi came to him, all accused persons beat her and she became semi-nude and threatened to kill the informant and his family members and hence the FIR.

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It is submitted by the learned counsel for the petitioner that in the FIR, six persons were named as accused persons out of which five of them have already been granted the privilege of anticipatory bail vide order dated 23-10-2024 passed in Criminal Miscellaneous No. 69825 of 2024 (Annexure-3 to the bail petition). The learned counsel for the petitioner further contends that he is similarly situated as that of other accused persons and, therefore, he should also be granted the privilege of anticipatory bail. The learned counsel for the petitioner further submits that petitioner is innocent and has been falsely implicated in the present case and although there is an allegation in the FIR that the petitioner had fired but none has received the injury and both the parties are neighbours. The learned counsel for the petitioner further submits that the allegation of injury sustained by the informant is simple in nature which is supported by the injury report which has been brought on record.

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Patna High Court CR. MISC. No.22817 of 2025(2) dt.01-05-2025 3/3

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5 . Learned A.P.P. for the State opposed the bail

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petition .

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Considering the fact that out of six accused persons, five have already been given the privilege of anticipatory bail and also given the fact that the injury sustained by the informant is simple in nature and further that although the petitioner may have been alleged to have fired but no one was injured, under these circumstances, this Court is inclined to grant the privilege of anticipatory bail to the petitioner, the petitioner in the event of his arrest or surrender within four weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Madhusudanpur P.S. Case No. 35 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

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(Alok Kumar Sinha, J)

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Gaurav Sinha/-

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U T

Kapildev Choudhary @ Kapil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kapildev Choudhary @ Kapil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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