Patna High Court
AMIT CHAUHAN @ AMIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
Checking your session…