Patna High Court
Raju ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The prayer for anticipatory bail is rejected as the accusations are specific and direct.
Summary
The petitioners – five members of the Chauhan family – applied for anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the B.N.S. for the alleged murder of the informant’s father. The prosecution’s informant alleged that the accused, including the petitioners, killed his father and that they were seen fleeing the scene. The petitioners contended that they are innocent, have clean antecedents, and were falsely implicated due to a long‑standing land dispute, asserting that the informant is not an eye‑witness. The State opposed the bail, emphasizing the direct nature of the accusations and the alleged flight of the accused. After considering the facts, the court found the accusations specific and serious and consequently rejected the petition for anticipatory bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances of the case
- Whether the allegations in the FIR constitute a specific and direct accusation justifying denial of bail
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- anticipatory bail
- Criminal Procedure Code
- false implication
- land dispute
- B.N.S. sections 103(1) and 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21970 of 2026
Arising Out of PS. Case No.-613 Year-2024 Thana- FATEHPUR District- Gaya
======================================================
1. Raju Chauhan S/o- Mahgu Chauhan @ Mahangu Chauhan Village- Raksi
PS-Fatehpur, Dist- Gaya
2. Pappu Chauhan S/o- Mahgu Chauhan @ Mahangu Chauhan Village- Raksi
PS-Fatehpur, Dist- Gaya
3. Ranjan Chauhan @ Ranjan Kumar S/o- Mahgu Chauhan @ Mahangu
Chauhan Village- Raksi PS-Fatehpur, Dist- Gaya
4. Nepali Kumar @ Nepali Chauhan S/o- Mahgu Chauhan @ Mahangu
Chauhan Village- Raksi PS-Fatehpur, Dist- Gaya
5. Mahgu Chauhan @ Mahangu Chuhan S/o- Late Devki Chauhan Village-
Raksi PS-Fatehpur, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Harsh Vardhan, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard Mr. Harsh Vardhan, learned counsel appearing
on behalf of the petitioners and Mr. Pramod Kumar Pandey,
learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S..
3. As per prosecution case, informant suspects that all
the F.I.R. named accused persons, including these petitioners,
killed father of informant.
Patna High Court CR. MISC. No.21970 of 2026(2) dt.15-04-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Informant is not an eye witness to
the occurrence. Petitioners have falsely been implicated in this
case due to long standing land dispute. Petitioners claim clean
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and they were seen fleeing away from the place of
occurrence.
6. Considering the facts and circumstances of the case
and specific and direct nature of accusation, the prayer for grant
of anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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