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Patna High Court

AMIT CHAUHAN @ AMIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Amit Chauhan, sought anticipatory bail fearing arrest in a case (Nardiganj PS Case No. 455 of 2025) involving multiple offences under the B.N.S., including assault and attempts to outrage modesty. The informant, Anjali Kumari, alleged that Chauhan abused her, attempted to outrage her modesty, and assaulted her causing a head injury. The petitioner argued that no medical injury report was on record and that there exists a case and counter‑case between the parties, suggesting the allegations may be retaliatory. The State contended that the petitioner did assault the informant. Considering the lack of an injury report and the existence of a case‑counter‑case, the Court exercised its discretion to grant anticipatory bail with stringent conditions, including sureties, regular police appearances, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
  • Whether the absence of a medical injury report and the existence of a case‑counter‑case affect the grant of bail

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • outrage of modesty
  • injury report
  • case and counter case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21588 of 2026
                     Arising Out of PS. Case No.-455 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Amit Chauhan @ Amit Kumar S/o Prakash Chauhan @ Prakash Kumar
                 Chauhan @ Pragas Chauhan Resident of Village- Kujha, Police Station-
                 Nardiganj, District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Arjun Prasad, Advocate
                 For the State           :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                          Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Nardiganj P.S. Case No. 455 of 2025 registered

                   for the offence under Sections 191(2), 190, 115(2), 126(2), 74,

                   109, 303(2), 352, 351(2) and 351(3) of the B.N.S., lodged on

                   28.12.2025 by the informant, Anjali Kumari.

                                 3. As per the prosecution story, the informant alleged

                   that on 28.12.2025 when she was at her home, this petitioner

                   started abusing and later tried to outrage her modesty and also

                   assaulted causing injury on her head. This led to the F.I.R..

                                 4. Learned counsel for the petitioner submits that

                   though allegation of assault on the head is on this petitioner, the

                   learned Sessions Judge observation would show that there is no
Patna High Court CR. MISC. No.21588 of 2026(2) dt.16-04-2026
                                            2/3




          injury report on record which means that she did not went for

          treatment. Though he concede that the petitioner has criminal

          antecedent and there is case and counter case between the

          parties, the case of this petitioner being earlier to the case of the

          informant.

                       5. Learned APP opposes the prayer submitting that he

          has assaulted the lady on her head.

                       6. Taking into account the submissions of the parties

          as also that no injury report is on record, there is case and

          counter case between the parties, in that background, this Court

          is inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Judicial Magistrate, First Class, Nawada,

          in connection with Nardiganj P.S. Case No. 455 of 2025 subject

          to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;
            Patna High Court CR. MISC. No.21588 of 2026(2) dt.16-04-2026
                                                        3/3




                                   (ii) the petitioner shall be appearing before the Police

                      Station as and when required for cooperating in the

                      investigation;

                                   (iii) the petitioner shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of his/her

                      bail bond by the Trial Court itself;

                                   (iv) the petitioner shall appear before the concerned

                      police station every month for next six months to mark his

                      attendance and at the end of the period a certificate be submitted

                      before the Trial Court failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds;

                                   (v) the petitioner shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (vi) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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