Bishundeo Choudhary @ Bishnudeo Choudhary Vs The State of… — Anticipatory Bail | Patna HC (2025)

Bishundeo Choudhary @ Bishnudeo Choudhary Vs The State of… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release of the named petitioners on bail in the event of arrest or surrender before the learned court below within four weeks, on furnishing bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 272 of 2023, subject to conditions under Section 438(2) Cr. P.C.

Issue for consideration

Whether the petitioners, apprehending arrest in Shambhuganj P.S. Case No. 272 of 2023 registered under Sections 341, 323, 324, 307, 504, 506 and 34 IPC, should be released on bail in the event of arrest.

Court's answer

Considering the facts and circumstances of the case and the nature of injury, the court directed that the above-named petitioners be released on bail in the event of arrest or surrender before the learned court below within four weeks, on bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 272 of 2023, subject to the conditions under Section 438(2) Cr. P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted (oral order, 22-03-2025). Three petitioners of one family apprehending arrest in Shambhuganj P.S. Case No. 272 of 2023 (District Banka), registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code, were directed to be released on bail in the event of arrest or surrender before the learned court below within four weeks, on bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, subject to the conditions laid down under Section 438(2) Cr. P.C. Learned counsel submitted the parties belong to the same family, the occurrence arose from a land dispute with a case and counter case, injuries to the informant side were simple, and the petitioners have clean antecedents; the A.P.P. opposed the bail application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31580 of 2024

Arising Out of PS. Case No.-272 Year-2023 Thana- SHAMBHUGANJ District- Banka

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

Bishundeo Choudhary @ Bishnudeo Choudhary S/o Late Ramswarup Choudhary Ro Maidan, PS Khesar, Dist Banka

Sangita Devi W/o Bishnudeo Choudhary R/o vill - Maidan, P.s. - Khesar, Distt. - Banka

Bebi Kumari D/o Bishundeo Choudhary @ Bishnudeo Choudhary R/o vill - Maidan, P.s. - Khesar, Distt. - Banka

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 22-03-2025

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons including these petitioners assaulted informant and his family members by means of kachiya and lathi , as a result of which, they sustained injuries.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.31580 of 2024(3) dt.22-03-2025 2/2

implicated in the present case. Both the parties belong to same family and due to land dispute, a free-fight took place between them, in which both parties sustained injuries. There is case and counter case between the parties for the said occurrence. Injuries sustained by informant side are simple in nature. Petitioners have got clean antecedent and they undertake to cooperate in the investigation.

Learned A.P.P. appearing on behalf of the State opposed the bail application.

Having considered the aforesaid facts and circumstances of the case as well as nature of injury, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 272 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Dutta Mishra, J)

utkarsh/-

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