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Patna High Court

Shambhu Choudhary @ Shambhu ChoudhariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Shambhu Choudhary, sought anticipatory bail in a criminal case (PS Case No. 976 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita. He claimed a clean antecedent and argued that the informant’s allegations were false and stemmed from a land dispute. The State opposed bail, highlighting a specific allegation that the petitioner assaulted the informant with a stick, causing a head injury measuring 6 cm by ½ cm by ½ cm on the frontal scalp. The court examined the seriousness of the alleged assault and the recorded injury, finding sufficient grounds to deny bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of assault causing a head injury.
  • Whether the recorded nature and extent of the injury justify denial of anticipatory bail.
  • Whether the claim of false implication due to a land dispute is sufficient to merit bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false implication
  • land dispute
  • Bharatiya Nyaya Sanhita
  • injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18319 of 2026
                  Arising Out of PS. Case No.-976 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Shambhu Choudhary @ Shambhu Choudhari S/O Late Lakshan Chaudhary
                 @ Late Laxan Chaudhary @ Late Lachhan Chaudhari R/O Vill.- Ward No.-
                 01, Barwa Bishunpurwa, P.S- Shikarpur, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Gupta
                 For the Opposite Party/s :       Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in connection

                   with Shikarpur PS Case No. 976 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1) 109,

                   352, 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner were

                   demolishing his hut, on protest, Shambhu and Prabhu said that

                   he would be killed in the manner his father was killed, thereafter

                   shambhu assaulted him by farsa causing injury on head,

                   thereafter all accused assaulted his family members while
Patna High Court CR. MISC. No.18319 of 2026(2) dt.06-05-2026
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          Angira and Asha snatched earrings and Kundan acted

          inappropriately with Shobha.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant on account of dispute relating to land. It is next

          submitted that petitioner is a person with clean antecedent, but

          then informant alleges that he was threatened that he would be

          killed in the manner his father was killed. It is further submitted

          that specific allegation of assault is against the petitioner that he

          assaulted the informant by farsa causing injury on head, but then

          the order impugned does not record the nature of injury.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that there is a

          specific allegation against the petitioner of assaulting the

          informant by farsa causing injury on head. It is next submitted

          that no doubt nature of injury has not been recorded in the order

          impugned, but then the order impugned records that injury is on

          vital part of the body, ie., head measuring 6 cm x ½ cm x ½ cm

          over frontal region of scalp. It is thus submitted that one can

          well imagine the force of assault causing injury of 6 cm on the

          frontal region of the scalp.

                   6.       After hearing the learned counsel for the parties
              Patna High Court CR. MISC. No.18319 of 2026(2) dt.06-05-2026
                                                          3/3




                        and taking into consideration the fact that petitioner is alleged to

                        have assaulted the informant by farsa causing injury on head as

                        recorded hereinabove, the Court is not inclined to extend the

                        privilege of anticipatory bail to the petitioner.

                                 7.     Accordingly, the prayer for anticipatory bail of the

                        petitioner is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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