Patna High Court
Ajit Chauhan @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail, directing his release on bail with conditions.
Summary
The petitioner, Ajit Chauhan, was named in a complaint (Saran Complaint Case No. C‑300 of 2023) for offences including cruelty, assault, robbery and dowry demand under various sections of the IPC and the Dowry Prohibition Act. The same set of facts had earlier given rise to a separate FIR (Panpur P.S. Case No. 196 of 2023) in which the petitioner had been granted the benefit of Section 41A of the Criminal Procedure Code during investigation. The petitioner applied for bail, while the State opposed the prayer. The court observed that the two proceedings stemmed from the same occurrence and that the petitioner had already enjoyed the privilege of Section 41A, and therefore directed that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order effectively granted bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to bail in the pending complaint case despite the existence of a parallel FIR.
- Whether the benefit of Section 41A CrPC obtained in the earlier FIR can be invoked to secure bail in the present proceeding.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41A, 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 307, 323, 324, 341, 379, 498A, 504, 506
Subjects
- bail
- Section 41A
- IPC offences
- dowry
- double prosecution
- Criminal Procedure Code
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15750 of 2025
Arising Out of PS. Case No.-300 Year-2023 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Ajit Chauhan @ Ajit Kumar S/O Late Bharat Chauhan R/O Village-
Sahbajpur, P.O- Dubauli, P.S- Panapur, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Prasad @ Sangeet Devi W/O Ajit Kumar @ Ajit Chauhan, D/O
Late Ram Narayan Prasad Presently residing at Vill.- Chapiya, P.O.-
Ishuapur, P.S.- Sahajitpur, Dist.- Saran at Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 12-01-2026 Heard the parties.
2.The petitioner is named in the complaint case
and apprehending his arrest in connection with Saran
Complaint Case No. C-300 of 2023 registered for the
offences punishable under Sections 498A, 323, 341, 379,
324, 504, 506 and 307 of the Indian Penal Code and ¾
of D.P. Act.
3. The allegation against petitioner as per
complaint is to commit cruelty by petitioner and other co-
accused persons upon complainant and also to assault
Patna High Court CR. MISC. No.15750 of 2025(5) dt.12-01-2026
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her. The allegation of dowry demand is also available.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that for the same set of
occurrence Panpur P.S. Case No. 196 of 2023 was lodged
for the offences punishable under Sections 498A, 323,
341, 379, 324, 504, 506 and 307 of IPC and ¾ of D.P.
Act. It is submitted that the aforesaid FIR was lodged on
the basis of same complaint in which the present
cognizance was taken by ld. trial court. It is also pointed
out that the petitioner was granted privilege of Section
41A of Cr.P.C. during investigation in Panpur P.S. Case
No. 196 of 2023.
5. Learned APP opposes the prayer of bail.
6. Despite of service of notice none turned on
behalf of complainant.
7. In view of aforesaid factual submission and by
taking note of fact as for the same set of occurrence
already Panpur P.S. Case No. 196 of 2023 was lodged for
which petitioner was given benefit of Section 41A of
Patna High Court CR. MISC. No.15750 of 2025(5) dt.12-01-2026
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Cr.P.C., accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned SDJM, Saran at chapra
/concerned Court, where the case is pending in
connection with Saran Complaint Case No. C-300 of
2023, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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