Prahalad Sahani @ Prahalad Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Prahalad Sahani @ Prahalad Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for pre-arrest bail allowed: petitioner to be released on pre-arrest bail upon arrest or surrender within four weeks before the learned District Court, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran/Successor Court, in connection with Nautan P.S. Case No. 282/2024, subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, accused in Nautan P.S. Case No. 282/2024 (Sections 341, 323, 324, 307, 354, 379, 447, 506, 34 IPC), is entitled to be released on pre-arrest bail.

Court's answer

Granting pre-arrest bail, the court took into account the rival submissions of the parties, the delay in lodging of FIR by both the parties arising out of the incident of 27.06.2024, and the fact that the injuries sustained on the person of the informant were simple in nature.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within a period of four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran/Successor Court, in connection with Nautan P.S. Case No. 282/2024, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), order dated 01-05-2025 in Criminal Miscellaneous No.23036 of 2025: pre-arrest bail granted to Prahalad Sahani @ Prahalad Chaudhary in connection with Nautan P.S. Case No. 282/2024 (P.S. Nautan, District West Champaran), registered under Sections 341, 323, 324, 307, 354, 379, 447, 506, 34 IPC on the allegation that he, with other co-accused, toppled the paddy shackles of the informant, leading to a scuffle in which the informant and his wife sustained injuries. The court noted the delay in lodging FIR by both the parties after the incident of 27.06.2024 (petitioner's wife's FIR dated 01.07.2024; present FIR dated 04.08.2024) and that the injuries on the informant were simple in nature. Bail was directed on furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran/Successor Court, within four weeks, subject to the conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23036 of 2025

Arising Out of PS. Case No.-282 Year-2024 Thana- NAUTAN District- West Champaran

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

Prahalad Sahani @ Prahalad Chaudhary S/o- Late Deba Sahani @ Late Deba Chaudhary Resident of Vill- Vishambharpur, P.S.- Nautan, Dist- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s : Mr.Ram Naresh Ray, APP For the informant : Mr. Ashok Kumar Gupta, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 01-05-2025

Heard Mr. Sanjeev Kumar, learned counsel appearing

on behalf of the petitioner; Mr. Ram Naresh Ray, learned APP for the State and Mr. Ashok Kumar Gupta, learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 282/2024 registered for the offence(s) punishable under Sections 341, 323, 324, 307, 354, 379, 447, 506, 34 of the Indian Penal Code.

As per the allegation made in the FIR, the petitioner along with the other co-accused intentionally toppled the paddy shackles of the informant that led to scuffle, in which the informant and his wife sustained injury.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.23036 of 2025(2) dt.01-05-2025 2/3

petitioner submitted that petitioner and informant are neighbours and for the trivial reason, both the parties entered into quarrel. The incidence is dated 27.06.2024 and arising out of said incidence, wife of the petitioner had lodged the FIR on 01.07.2024 and subsequent to that, after much delay on 04.08.2024, the present FIR has been lodged. Learned counsel further submitted that in view of the case lodged by the petitioner’s, wife, in retaliation, the present FIR has been lodged by the informant. Petitioner has clean antecedent.

Mr. Ashok Kumar Gupta, learned counsel has tendered his appearance on behalf of informant and he submitted that petitioner always used to disturb the informant and his wife being neighbours and that led to filing of the present FIR. Both the informant, as well as his wife, sustained injuries and, as such, petitioner don’t deserve to be released on pre-arrest bail.

Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.

Having considered the rival submissions made on behalf of the parties, as well as, delay in lodging of FIR by both the parties arising out of the incidence which has taken place on 27.06.2024 and also the fact that injuries sustained on the person

Patna High Court CR. MISC. No.23036 of 2025(2) dt.01-05-2025 3/3

of the informant are simple in nature, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four 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 S.D.J.M., Bettiah, West Champaran/Successor Court in connection with Nautan P.S. Case No. 282/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Purnendu Singh, J)

Sanjay/-

U T