Vijay Kumar Chaudhary @ Vijay ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86783 of 2025
                       Arising Out of PS. Case No.-419 Year-2025 Thana- DIGHWARA District- Saran
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           1.     Vijay Kumar Chaudhary @ Vijay Chaudhary S/O Dahaur Chaudhary
                  Resident of village- Kuraiyan (Ward No. 10), P.O.- Ismaila, P.S.- Dighwara,
                  District- Saran at Chapra, Pin Code- 841221.
           2.    Kariman Chaudhary @ Ravi Kumar Chaudhary Son of Lalan Chaudhary
                 Resident of village- Kuraiyan (Ward No. 10), P.O.- Ismaila, P.S.- Dighwara,
                 District- Saran at Chapra, Pin Code- 841221.
           3.    Sunny Chaudhary @ Sunny Kumar Son of Lalan Chaudhary. Resident of
                 village- Kuraiyan (Ward No. 10), P.O.- Ismaila, P.S.- Dighwara, District-
                 Saran at Chapra, Pin Code- 841221.
           4.    Mithilesh Chaudhary @ Mithilesh Kumar Chaudhary Son of Jwala
                 Chaudhary. Resident of village- Kuraiyan (Ward No. 10), P.O.- Ismaila, P.S.-
                 Dighwara, District- Saran at Chapra, Pin Code- 841221.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s    :        Mr. Jeetendra Narayan, Advocate
                 For the State           :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-01-2026                      Heard Mr. Jeetendra Narayan, learned counsel for

                   the petitioners and Mr. Tarun Prasad Mandal, learned APP for

                   the State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Dighwara P.S. Case No. 419 of 2025, F.I.R.

                   dated 22.10.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 109 read with 3(5) of Bharatiya Nyaya

                   Sanhita, 2023.

                                  3. Allegation against the petitioners is that they along
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          with other co-accused persons started abusing and assaulted the

          informant and his family members by brick batting and stones

          due to which they sustained injuries.

                       4. Learned counsel for the petitioners submits that the

          petitioners have clean antecedents and they have been falsely

          implicated in the present case. Although, the petitioners are

          named in the F.I.R. but from perusal of the F.I.R. it appears that

          there is no specific allegation of any assault or overt act

          attributed against these petitioners rather there is general and

          omnibus allegation against all the accused persons including

          these petitioners. There is case and counter case between the

          parties.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          there is no specific allegation of any assault or overt act

          attributed against these petitioners and there is case and counter

          case between the parties, let the petitioners, above named, in the

          event of their arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
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          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned Additional Chief Judicial Magistrate,

          1st Classs, Saran at Chapra in connection with Dighwara P.S.

          Case No. 419 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure/

          Section 482(2) of BNSS, 2023 and with other following

          conditions :-

                       (1) Petitioners shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on their absence on two consecutive dates without

          sufficient reason, their bail bonds shall be cancelled by the

          Court below.

                       (2) If the petitioners tamper with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage, it is found that the petitioners have concealed their

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioners.        However, the

          acceptance of bail bonds in terms of the above-mentioned order
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                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T