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Patna High Court

Nabdan Chauhan @ Nagendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                 ======================================================
                 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
                                            2/3




          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
                                                      3/3




                    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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