Patna High Court
Prakash ChouhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438 Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Prakash Chouhan, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Negotiable Substantive (B.N.S.) statutes. He alleged that the FIR falsely implicated him, noting a discrepancy between the alleged injury to his rib cage and the medical report, which recorded only head and leg injuries. The petitioner’s counsel highlighted that his sons, Ravi and Deepak, were already in custody, and the informant’s allegations were inconsistent. The State opposed the bail, arguing the seriousness of the charges. The court, after examining the injury report and the inconsistencies, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes bail bonds with sureties, invoking Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code despite the serious nature of the offences alleged.
- Whether the inconsistencies in the FIR and the injury report justify granting anticipatory bail.
Legislation cited
- Bihar Negotiable Substantive (B.N.S.S.) — s. 482(2)
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482(2) B.N.S.S.
- false implication
- inconsistency in FIR
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13930 of 2026
Arising Out of PS. Case No.-394 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Prakash Chouhan Son of Late Bhikhari Chouhan Resident of Village -
Chhotaki Marhal, P.S.- Pakribrawan, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 115(2),
126(2), 118(2), 109, 303(2), 324(4), 351(2), 352 and 3(5) of the
BNS.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and the informant
alleges that accused persons intercepted her and her husband
and Ravi assaulted her husband by Gandasa causing injury on
head thereafter Deepak assaulted him by sword causing injury
on leg while petitioner assaulted him by sword causing injury on
the rib cage and Ravi acted inappropriately with the informant
and snatched her chain.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13930 of 2026(2) dt.30-03-2026
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petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant specifically alleges that Ravi assaulted her husband
by Gandasa causing injury on head and thereafter Deepak
assaulted him by sword causing injury on head but then it is also
alleged that petitioner assaulted by sword causing injury on the
rib cage but then from perusal of the injury report annexed as
Annexure-4 to the anticipatory bail application, it would
manifest that the same records only two injuries, i.e., lacerated
wound (head), left leg cut injury and body pain and the injuries
have been opined to be grievous but then no injury has been
found on the rib cage. It is, thus, submitted that petitioner came
to be implicated with his sons, i.e., Ravi and Deepak who are
behind the bars.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and also taking into consideration the
injury report that the same does not record any injury on the rib
cage, let the petitioner, above-named, in the event of his arrest
or surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.13930 of 2026(2) dt.30-03-2026
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released on anticipatory bail on furnishing bail bonds of
Rs.1,000/- (Rupees One Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/Successor Court in connection with
Pakribrawan P.S. Case No. 394 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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