Patna High Court
Lakhan @ Sohan ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
Lakhan @ Sohan Chauhan applied for anticipatory bail in connection with Kishanganj Police Station Case No.345 of 2025, wherein he was accused of offences under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant with a sword and hockey stick. The petitioner contended that he was falsely implicated, that the informant was the aggressor and that the injuries were minor, arguing that the matter stemmed from a civil dispute already decided. The State opposed the bail, asserting the seriousness of the alleged offences. The Court examined the allegations, the nature of the injuries, and the petitioner’s prior criminal record, and concluded that bail could be granted subject to strict conditions under Section 482 of the BNS. Accordingly, the petitioner was directed to be released on bail upon surrender, with a bond of Rs.10,000 and two sureties, and to comply with several attendance and verification conditions.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under the Bharatiya Nyaya Sanhita.
- Whether the alleged injuries constitute an offence under Section 109(1) of the BNS.
- Whether the existence of a related civil dispute precludes criminal prosecution.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 482
Subjects
- anticipatory bail
- assault
- civil dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11812 of 2026
Arising Out of PS. Case No.-345 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Lakhan @ Sohan Chauhan S/o Sirpat Chauhan Resident of village -
Dheksara, Ward No. 15, Teusa, P.S - Kishanganj, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Kishanganj P.S. Case No. 345 of 2025
instituted for the offences punishable under Sections 126(2),
115(2), 118(1), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant had
alleged that the named accused persons including the petitioner
against whom a Title Suit was pending earlier and was
subsequently decided and dismissed by order dated 19.06.2025,
on account of same it is alleged that the accused persons armed
with sword, hockey stick etc. made a blow on the head of the
informant and the other accused persons assaulted him with
hockey stick.
Patna High Court CR. MISC. No.11812 of 2026(2) dt.26-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no such occurrence,
as alleged, has occurred. It has further been submitted that, in
fact, the informant who was aggressor and for which Kishanganj
P.S. Case No. 344 of 2025 has been lodged by the brother of the
petitioner. It has further been submitted that from perusal of the
medical examination report, it would appear that the injuries
sustained by the informant was found to be simple in nature and
therefore, no case under Section 109(1) of the BNS is made out.
It has next been submitted that a complete civil dispute has been
given rise to present criminal case and the petitioner has one
criminal case against his name which is of the year 2016.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to 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, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Kishanganj
in connection with Kishanganj P.S. Case No. 345 of 2025,
Patna High Court CR. MISC. No.11812 of 2026(2) dt.26-02-2026
3/3
subject to the conditions as laid down under Section 482 of the
BNSS and subject to the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner and the other
shall be a local resident:
(ii) the petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.