Sanjay ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29534 of 2026
                          Arising Out of PS. Case No.-38 Year-2026 Thana- SIMRI District- Buxar
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           1.     Sanjay Chaudhary S/O Nandjee Choudhary Resident of village- Kazipur,
                  Police Station -Simari, District- Buxar.
           2.    Kundan Chaudhary S/O Sanjay Chaudhary Resident of village- Kazipur,
                 Police Station -Simari, District- Buxar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-05-2026                  Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Simari P.S. Case No. 38 of 2026 for the offence

                   under sections 126(2), 115(2), 117(2), 109, 125, 281, 303(2),

                   351(2), 352 and 3(5) of the BNS.

                                3. As per the prosecution story, the informant alleged

                   that while moving towards the school, a truck tried to hit him.

                   Upon protest, the accused persons including the petitioners

                   herein assaulted causing injury. This led to the FIR.

                                4. Learned counsel for the petitioners submit that an

                   altercation took place which has been exaggerated and one of

                   the injury has been recorded as simple in nature. Further, the
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          submission is that without accepting the allegation and/or the

          outcome of the present petition in view of the fact that the

          informant’s side has alleged injuries, the petitioners on their

          own would like to contribute Rs. 5,000/- each (totalling Rs.

          10,000/-) towards the medical assistance through Demand Draft

          issued by the local State Bank of India/any Nationalized Bank

          branch to be submitted before the ‘NAZARAT’ of concerned

          Court to be handed over to the informant after checking the

          credentials.

                       5. Learned APP opposes the prayer submitting that

          they have criminal antecedent.

                       6. Taking into account the submissions of the parties

          as also that the assault theory is omnibus in nature, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail with conditions subject to payment of Rs.

          5,000/- each (totalling Rs. 10,000/-) as undertaken by the

          learned counsel for the petitioner to be paid by Demand Draft of

          local State Bank of India branch/any Nationalized bank branch

          to be submitted to the Trial Court and to be handed over to the

          informant.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the
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          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of the Court concerned in connection with Simari

          P.S. Case No. 38 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioners shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                       (iii) the petitioners shall appear before the concerned

          police station every month for six months to mark their

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (iv) the petitioners shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (v) the petitioners shall desist from committing any
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                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of their bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T