Kamla DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88081 of 2025
                       Arising Out of PS. Case No.-542 Year-2024 Thana- FATEHPUR District- Gaya
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           1.     Kamla Devi W/o Mahesh Chaudhary R/o Village -Jagarnathpur, P.S-
                  Fatehpur, District -Gaya
           2.    Sanjeet Chaudhary S/o Vijay Chaudhary R/o vill - Pawaye, P.S. - Meksaur,
                 Distt.- Nawada
           3.    Jitendra Chaudhary S/o Late Jamuna Chaudhary R/o vill - Thekahi, P.s.-
                 Sirdala, Distt.- Nawada
           4.    Ajeet Kumar @ Lakhan Chaudhary S/o Vijay Chaudhary R/o vill - Pawaye,
                 P.S. - Meksaur, Distt.- Nawada

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Prithivi Raj Singh
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   24-02-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 190,

                   191(1), 126(2), 115(2), 117(2), 110, 352, 329(4) of BNS.

                                3. The allegation against the petitioners is that they

                   along with other co-accused persons have formed an unlawful

                   assembly and in furtherance of the common object of the same,

                   they have abused and assaulted the informant and his father due

                   to which they sustained injuries.
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                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case.        He further submits that there is no specific

          allegation against the petitioners of assault and the petitioners

          have no criminal antecedent, as statement made in para 3 of the

          bail application. He further submits that the injuries sustained

          by the informant is simple in nature.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and from perusal of the record, it appears that there

          is case and counter case between the parties. The allegation

          against the petitioners is that they along with other accused

          persons had formed unlawful assembly and in furtherance of the

          common object they have abused and assaulted the informant

          and his father, due to which they are said to have sustained

          injuries.

                       7. Considering all these aspects of the matter, it

          cannot be ruled out that the petitioners have been implicated by

          way of counter blast earlier case instituted by the petitioners

          against the informant and also taking note of the fact that the

          petitioners have no criminal antecedent, I am inclined to grant
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                      privilege of anticipatory bail to all the petitioners.

                                   8. Let all the petitioners, as named above, in the event

                      of their arrest or surrender within four weeks from today, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

                      Ten Thousand) each with two sureties of the like amount each to

                      the satisfaction of the learned Chief Judicial Magistrate, Gaya,

                      in connection with Fatehpur P.S. Case No. 542 of 2024, subject

                      to the conditions laid down under section 438(2) of the Code of

                      Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita, 2023 and subject to further condition that :-

                                   (i) the petitioners shall co-operate in the investigation/

                      trial.

                                   (ii) the learned Court below would, however, verify

                      the criminal antecedent of the petitioners and in case it is found

                      that the petitioners have concealed his criminal antecedent, the

                      Court below shall take step for cancellation of bail bond of the

                      petitioners. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.



                                                                    (Alok Kumar Sinha, J)
sanjeev/-

U       T