Vikky Chaudhary @ Biky Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vikky Chaudhary @ Biky Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail of all four petitioners allowed: in the event of arrest/surrender within eight weeks, they are to be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Motihari, East Champaran, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, who apprehend arrest in Mehsi Police Station Case No. 119 of 2024 registered for offences punishable under sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, should be enlarged on bail. +1 more

Court's answer

Considering the facts of the case, the prayer for bail of all the petitioners is allowed.

Ratio / Principle

In the event of arrest or surrender within eight weeks, the petitioners are to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st class, Motihari, East Champaran, in Mehsi Police Station Case No. 119 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, order dated 20-02-2025, Prabhat Kumar Singh, J): prayer for bail of four petitioners (Vikky Chaudhary @ Biky Kumar, Sanjay Chaudhary @ Bhola, Sandeep Chaudhary @ Sandeep Kumar, Bharat Chaudhary @ Bharat Kumar) apprehending arrest in Mehsi Police Station Case No. 119 of 2024, East Champaran, registered for offences under sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, is allowed. The court considered the submission that a free fight over a land dispute left both sides injured with a case and counter case, and that the allegations were general and omnibus with no specific overt act against the petitioners, who claimed clean antecedents. Petitioners to be enlarged on bail if arrested or surrendering within eight weeks, on bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st class, Motihari, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7333 of 2025

Arising Out of PS. Case No.-119 Year-2024 Thana- MEHSI District- East Champaran

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Vikky Chaudhary @ Biky Kumar Son of Kishori Chaudhary Resident of Vill- Neyamatganj Chakalau, Ward No. 7, P.S.-Mehsi, District- East Champaran, Motihari

Sanjay Chaudhary @ Bhola Son of Shiv Mangal Chaudhary Resident of Vill- Neyamatganj Chakalau, Ward No. 7, P.S.-Mehsi, District- East Champaran, Motihari

Sandeep Chaudhary @ Sandeep Kumar Son of Vinod Chaudhary Resident of Vill- Neyamatganj Chakalau, Ward No. 7, P.S.-Mehsi, District- East Champaran, Motihari

Bharat Chaudhary @ Bharat Kumar Son of Indal @ Indra Chaudhary Resident of Vill- Neyamatganj Chakalau, Ward No. 7, P.S.-Mehsi, DistrictEast Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 20-02-2025 Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case, all the accused persons including these petitioners abused informant and on protest all the accused persons assaulted informant by means of knife, sword, etc. as a result of which informant sustained

Patna High Court CR. MISC. No.7333 of 2025(2) dt.20-02-2025 2/2

injuries.

It is submitted on behalf of the petitioners that on account of land dispute, free fight took place between the parties in which both sides sustained injuries. There is case and counter case. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Petitioners claim clean antecedent.

Learned counsel for the State opposes the prayer

for bail.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1^st class, Motihari, East Champaran in Mehsi Police Station Case No. 119 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashi/-

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