Mausam Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mausam Chaudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail — petitioner to be released on bail upon arrest or surrender before the learned Court of Sub Divisional Judicial Magistrate, Barh within four weeks, upon bail bonds of Rs.10,000 with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions and the condition that one bailor be the petitioner's own/close family member.

Issue for consideration

Whether the petitioner, who apprehends arrest in Athmalgola P.S. Case No. 374 of 2023 (offences under Sections 323, 448, 504, 307 and 34 IPC) facing an omnibus accusation, should be released on bail in the event of his arrest or surrender (pre-arrest/anticipatory bail).

Court's answer

Considering the submissions of both sides, the omnibus accusation against the petitioner, his fair antecedent and undertaking to cooperate, the Court granted pre-arrest bail: the petitioner is to be released on bail in the event of his arrest or surrender before the court below within four weeks of receipt/production of the order, upon furnishing bail bonds of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned Court of Sub Divisional Judicial Magistrate, Barh in connection with Athmalgola P.S. Case No. 374 of 2023.

Ratio / Principle

The bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family member of the petitioner.

Detailed headnote1 paragraphs

Patna High Court (Honourable Mr. Justice Harish Kumar, single Judge, oral order dated 02-12-2025) in Criminal Miscellaneous No.74028 of 2025 allowed the pre-arrest bail application of Mausam Chaudhary in connection with Athmalgola P.S. Case No. 374 of 2023, District Patna, registered for offences punishable under Sections 323, 448, 504, 307 and 34 of the Indian Penal Code. Counsel for the petitioner pointed out that the specific accusation — assault on the informant's wife by means of sickle, resulting in an injury later disclosed as grievous — was against co-accused Muneshwar Chaud(h)ary, while the petitioner faced only an omnibus accusation of participation in the crime, besides pleading tender age, fair antecedent and an undertaking to cooperate; the State opposed, submitting that the injured sustained a grievous injury. Taking note of the omnibus accusation, fair antecedent and the undertaking, the Court directed release on bail in the event of arrest or surrender before the court below within four weeks, upon bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Barh, subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one bailor be the petitioner's own/close family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74028 of 2025

Arising Out of PS. Case No.-374 Year-2023 Thana- ATHMALGOLA District- Patna

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

Mausam Chaudhary, S/O Sri Sunil Chaudhary, R/village- Chakserber, P.s. Athmalgola, District-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Md. Mushtaque Alam, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 02-12-2025

Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 374 of 2023, registered for the offences punishable under Sections 323, 448, 504, 307 and 34 of the Indian Penal Code.

Allegedly all the accused persons including the petitioner came at the house of the informant and started abusing and assaulting. When the wife of the informant came out from his house, co-accused Muneshwar Chaudhary caught hold her hair and all of them assaulted by means of fist and slap. There is a specific allegation against co-accused Muneshwar Chaudhary that he assaulted the wife of the informant by means

Patna High Court CR. MISC. No.74028 of 2025(3) dt.02-12-2025 2/3

of sickle, due to which she sustained head injury.

Learned Advocate appearing on behalf of the petitioner referring to the FIR contended that it is evident, the specific accusation has been levelled against co-accused Muneshwar Choudhary, which resulted into serious injury and later on disclosed as grievous one by the doctor. So far the petitioner is concerned, save and except he is said to be a member who has participated in the crime, there is no specific accusation against him. Moreover, the petitioner is a man of tender age having fair antecedent, undertakes before this Court that he will fully cooperate in the proceeding of the Court.

On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the injured has sustained a grievous injury.

Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the omnibus accusation levelled against the petitioner, coupled with his fair antecedent and the undertaking, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.74028 of 2025(3) dt.02-12-2025 3/3

sureties of the like amount each to the satisfaction of the learned Court of Sub Divisional Judicial Magistrate, Barh in connection with Athmalgola P.S. Case No. 374 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

supratim/-

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