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Patna High Court

Prakash ChouhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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