Ram Jiwan ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89562 of 2025
                  Arising Out of PS. Case No.-229 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Ram Jiwan Chaudhary Son of late Dahu Chaudhary Resident of village-
                 Deokuli, P.S.- Tehta, District- Jehanabad
           2.    Dharmveer Chaudhary @ Dharmveer Kumar Son of Ram Jiwan Chaudhary
                 Resident of village- Deokuli, P.S.- Tehta, District- Jehanabad
           3.    Birwal Chaudhary @ Bilendra Kumar Son of Ram Jiwan Chaudhary
                 Resident of village- Deokuli, P.S.- Tehta, District- Jehanabad
           4.    Durga Chaudhary @ Durga Kumar Son of Krishna Chaudhary Resident of
                 village- Deokuli, P.S.- Tehta, District- Jehanabad
           5.    Azad Chaudhary son of Krishna Chaudhary Resident of village- Deokuli,
                 P.S.- Tehta, District- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Paras Nath, Advocate

                 For the Opposite Party/s :      Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                   Heard Mr. Paras Nath, learned counsel for the

                   petitioners and Mr. Ram Sumiran, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Makhdumpur (Tehta) P.S. Case No. 229 of

                   2024, F.I.R. dated 11.05.2024 for the offences punishable under

                   Sections 147, 149, 341, 323, 307, 427, 504 and 506 of the

                   Indian Penal Code.
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                       3. According to prosecution case, the petitioners and

          other co-accused persons are alleged to have assaulted the

          informant’s husband, son and father-in-law with rod and khanti

          and also destroyed the asbestos roof.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R. There is case and counter case between the parties. From

          perusal of the F.I.R., it appears that there is no specific

          allegation of assault against the petitioners rather the allegation

          are general and omnibus in nature. The injury sustained by the

          father-in-law, son and husband of the informant are found to be

          simple.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          petitioners have clean antecedent, there is case and counter case,

          there is no specific allegation of assault or overt act against the

          petitioners, let the petitioners, above named, in the event of their

          arrest or surrender before the court below within a period of
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          thirty days from the date of receipt of the order, be released 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 learned Addl. Chief Judicial Magistrate-I, Jehanabad in

          connection with Makhdumpur (Tehta) P.S. Case No. 229 of

          2024, 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:

                       i. 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 her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

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

          for cancellation of bail.

                       iii. 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 antecedent, 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)

Ranjeet/-

U      T