Patna High Court
Nabdan Chauhan @ Nagendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, holding that the allegations did not warrant denial of bail under Section 482(2) of the BNS.
Summary
The petitioners, five members of the Chauhan family, applied for anticipatory bail fearing arrest in Narhat Police Station Case No. 294 of 2025, which alleged offences under Sections 191(2), 190, 115(2), 118, 109, 351(2) and 353 of the Bhartiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that on 8 September 2025 the accused assaulted an informant, with Pyare Chauhan using an axe and the petitioners Nabdan and Pradeep Chauhan using an iron rod and a danda on non‑vital parts of the body. The petitioners contended they were falsely implicated, that the main charge was against Pyare Chauhan, and that there was a case‑and‑counter‑case between the parties. The State opposed the anticipatory bail. The Court, noting the lack of vital injury, the primary allegation against another accused, and the existence of a case‑and‑counter‑case, decided to grant anticipatory bail subject to conditions under Section 482(2) of the BNS. The bail order required the petitioners to furnish bail bonds of Rs.10,000 each with two sureties and to surrender within six weeks if arrested.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the BNS given the alleged offences?
- Do the alleged assaults on non‑vital parts of the body constitute a ground to deny anticipatory bail?
- Does the presence of a case‑and‑counter‑case affect the grant of anticipatory bail?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118, 190, 191(2), 351(2), 353, 482(2)
Subjects
- anticipatory bail
- assault
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- non‑vital injury
- case and counter case
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1506 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- NARHATT District- Nawada
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1. Nabdan Chauhan @ Nagendra Kumar Son of Late Chamari Chauhan
2. Ranjan Kumar Son of Gorelal Chauihan
3. Pradeep chauhan @ Pradeep Kumar Son of Pyare Chauhan
4. Gorelal Chauhan son of Late Chamari Chauhan
5. Birendra Chauhan son of Dani Chauhan
All are Resident of Village -Garo Bigha Beldari PS -Narhat Distt -Nawada
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehends their arrest in
connection with Narhat P.S. Case No.294 of 2025 registered for
the offence under Section 191(2), 190, 115(2), 118, 109, 351(2),
353 of BNS.
3. As per prosecution case, on 08.09.2025 at about
18.30 O'clock the informant was coming from his field then all
the accused persons named in the F.I.R attacked in a
premeditated manner. Pyare Chauhan assaulted with an axe on
the informant’s head, then Nabdan Chauhan assaulted with an
iron rod on elbow, Pradeep Chauhan assaulted with a danda on
Patna High Court CR. MISC. No.1506 of 2026(2) dt.28-01-2026
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his right leg, Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that there is a case and counter
case between the parties and also submits that the main
allegation is against one Pyare Chauhan who assaulted with an
axe. Learned counsel for the petitioners next submits that
Nabdan Chauhan and Pradeep Chauhan are assaulted with an
iron rod and Danda on the informant’s body, which are not vital
and there is no other specific allegation against the petitioners.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that this is a case of case and
counter case as disclosed in paragraph-13 of the application and
also considering the fact that the main allegation is against one
Pyare Chauhan of having assaulted with an axe and also taking
note of the fact that Nabdan Chauhan, petitioner no.1 and
Pradeep Chauhan, petitioner no.3 are alleged to have assaulted
with an iron rod and Danda respectively on parts of the body
which are not vital and that there is no other specific
allegation against the accused persons of assault, this Court
Patna High Court CR. MISC. No.1506 of 2026(2) dt.28-01-2026
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is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/-(Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, Ist Class, Nawada in connection with Narhat P.S.
Case No.294 of 2025, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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