Patna High Court
Suresh ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioners, four members of the Chauhan family, were arrested in connection with a case registered under Sections 329(4), 115(2), 126(20), 75, 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging molestation of a victim. They contended that the allegations stemmed from a family dispute and a prior enmity with the informant, who are neighbours, and that the entire family was implicated because of this feud. The petitioners applied for regular bail, arguing that they have been in custody since 24‑03‑2026 and that the case is prima facie. The State opposed the bail application. After considering the nature of the allegations, the circumstances of the family dispute, and the material on record, the Court allowed the regular bail application, directing each petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The Court clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- What is the appropriateness of granting regular bail to the petitioners accused of molestation under the Bharatiya Nyaya Sanhita, considering the nature of the allegations and the family dispute?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(20), 329(4), 3(5), 351(2), 352, 75, 76
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- molestation
- family dispute
- enforcement of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26914 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
1. Suresh Chauhan Son of Lagni Chauhan @ Late Ram Lagan Chauhan
Resident of Village- Barbigha, PS- Chewara District- Sheikhpura
2. Pradhum Chauhan @ Pradhum Kumar Son of Suresh Chauhan Resident of
Village- Barbigha, PS- Chewara District- Sheikhpura
3. Jagu Chauhan Son of Suresh Chauhan Resident of Village- Barbigha, PS-
Chewara District- Sheikhpura
4. Sunil Chahan @Sanil Chauhan Son of Pyare Chauhan @ Pyare Prasad.
Resident of Village- Barbigha, PS- Chewara District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Chewara P.S. Case No. 63 of 2025 registered for the offence
under Sections 329(4), 115(2), 126(20, 75, 76, 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of molesting the victim.
4. Learned counsel for the petitioners submits that the
petitioners and the informant are next-door neighbours and there
was a scuffle between them. Due to a family dispute between
both parties, the wife of petitioner no. 1 has filed a counter case
Patna High Court CR. MISC. No.26914 of 2026(2) dt.23-04-2026
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against the husband of the informant. The petitioners are in
custody since 24.03.2026. It is also submitted that the entire
family of the petitioners has been made accused due to previous
enmity.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the materials available on record,
this application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Chewara P.S. Case No. 63 of 2025.
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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