Patna High Court
Subelal Chauhan @ Surajbhan ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Subelal Chauhan was arrested on 14 January 2026 for alleged assault, extortion and other offences under the Bharatiya Nyay Sanhita, 2023, following an incident at a school where he allegedly threatened and assaulted the principal. The petitioner claimed innocence, alleging the informant filed a false case due to a prior dispute and that he had been suspended by the District Magistrate. The prosecution opposed bail, highlighting five prior criminal antecedents, though noting acquittal in one case and bail in four others. The High Court considered the seriousness of the charges, the petitioner’s criminal history, and the possibility of tampering with evidence. It ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering, and directed verification of his antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences alleged under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the allegations of false prosecution by the informant affect the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 127(2), 132, 224, 308(5), 351(2), 352, 74, 76
Subjects
- bail
- criminal antecedents
- assault
- extortion
- Bharatiya Nyay Sanhita
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12222 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- PAKARIBARAW District- Nawada
======================================================
Subelal Chauhan @ Surajbhan Chauhan S/o Kailash Chauhan Resident of
Village- Chadihari, P.S.- Pakaribarawan, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
For the Informant : Ms. Kiran Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr. Ramakant Sharma, learned senior
counsel for the petitioner, Mr. Pranav Kumar, learned Additional
Public Prosecutor for the State as well as Ms. Kiran Kumari,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Pakribarawan P.S. Case No. 23
of 2026, F.I.R. dated 13.01.2026 for the offences punishable
under Sections 115(2), 126(2), 127(2), 74,76, 308(5), 132,
351(2), 352, 224 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, informant is the
Principal of Nawsrijit School at Village Chirihari and it is
alleged that on 13.01.2026 at about 9.30 A.M when she was
working in the school, this petitioner came to the office and
Patna High Court CR. MISC. No.12222 of 2026(3) dt.30-04-2026
2/4
demanded Rs. 10,00/- at rangdari. She refused to give the
money and on this, the petitioner threatened to kill her and not
let the school run. He also abused her and tore her blouse and
pulled her out of office, assaulting her. He also closed the gate
of the school and forcibly tried to take the informant to his Thar
vehicle.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He next submits that no such occurrence has taken
place and due to some previous dispute, the informant has
falsely implicated the petitioner in the present case. Infact the
petitioner has complained before the District Magistrate,
Nawada in respect of conduct of the informant and in response
to that the District Magistrate, Nawada suspended the petitioner
w.e.f from 27.03.2025 and for the same reason the informant has
instituted false case against the petitioner and nothing has come
during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 14.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.12222 of 2026(3) dt.30-04-2026
3/4
submits that the petitioner carries five criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner has been
acquitted in one case and on bail in four cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-II, Nawada in connection with
Pakribarawan P.S. Case No. 23 of 2026, subject to the following
conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.12222 of 2026(3) dt.30-04-2026
4/4
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…