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Patna High Court

Bashisth Chaubey @ Bashisthmuni ChaubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for regular bail, granting bail subject to conditions.

Summary

The petitioner, Bashisth Chaubey, a 70‑year‑old bataidar, was arrested in connection with a case of forced harvesting of agricultural land that allegedly resulted in a shooting death and injuries to four persons. He was charged under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner pleaded innocence, asserted he had no prior criminal record, and argued that his advanced age and the length of his pre‑trial custody warranted bail. The State opposed the bail, citing the seriousness of the offences and the fact that co‑accused had previously been denied bail. After considering the submissions and the petitioner’s circumstances, the Court granted regular bail on the condition of a Rs.10,000 bond with two sureties and compliance with procedural requirements.

Issues considered

  • Whether a petitioner accused of serious offences under the Bharatiya Nyaya Sanhita and the Arms Act is entitled to regular bail.
  • Whether the petitioner’s age and period of pre‑trial detention justify the grant of bail.
  • Whether the requirement of a clean antecedent should affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • age factor
  • serious offences
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • clean antecedent
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17500 of 2026
                        Arising Out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
                 Bashisth Chaubey @ Bashisthmuni Chaubey Son of Late Ramji Chaubey R/o
                 Village - Bhakhwa, P.S - Sikraul, District - Buxar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn
                 For the Opposite Party/s :       Mr. Binod Kumar
                 For the Informant        :       Mr. Om Prakash
                                                  Mr. Uday Shankar Pandey
                                                  Mr. Prabhakar Dubey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Sikraul P.S. Case No. 06 of 2026 registered for the offence

                   punishable under Sections 191(2), 191(3), 126(2), 115(2), 109,

                   50, 61(2), 103(1), 351(2), 352 of the Bharatiya Nyaya Sanhita

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner and

                   others had gone to the place of occurrence to forcibly harvest

                   the agricultural field, and in the process, Kanhaiya Chaubey

                   allegedly fired a shot and killed the deceased. The petitioner and
Patna High Court CR. MISC. No.17500 of 2026(3) dt.13-05-2026
                                            2/3




          other accused persons are also said to have assaulted the

          prosecution side, causing injuries to four persons.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. The

          petitioner is in custody since 07.01.2026 and has no criminal

          antecedents. It is further submitted that the petitioner is a

          bataidar and has been falsely implicated in this case. He has not

          assaulted anybody and is a 70-year-old person.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail. It is

          submitted that co-accused Priyank Kumar Upadhyay @ Priyank

          Upadhyay and Shubham Upadhyay, who are not named in the

          FIR but are alleged to have participated in the crime, had moved

          for bail before this Court, which was rejected on 01.04.2026 in

          Cr. Misc. No. 19999 of 2026.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. Though the petitioner

          is named in the FIR but considering the age of the petitioner and

          the period of custody, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is
            Patna High Court CR. MISC. No.17500 of 2026(3) dt.13-05-2026
                                                        3/3




                      pending/successor Court in connection with Sikraul P.S. Case

                      No. 06 of 2026 subject to conditions that:-

                                                         (i). The petitioner shall appear
                                              before the court below on each and every
                                              date physically till the framing of charge,
                                              and thereafter he shall appear during the
                                              trial regularly, either personally or through
                                              his counsel. He shall cooperate in the trial,
                                              and any non-cooperation in the trial shall
                                              result in cancellation of his bail bond.
                                                         (ii). At the time of accepting the
                                              bail bonds of the petitioner, the Court below
                                              shall verify the fact whether the petitioner
                                              has clean antecedent or not. If it is found
                                              that the petitioner has clean antecedent then
                                              only his bail bonds shall be accepted by the
                                              Court below. However, it is made clear that
                                              the acceptance of bail bonds in terms of the
                                              above-mentioned order shall not be delayed
                                              for purpose of or in the name of verification.
                                     8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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