Patna High Court
Nagina ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is not warranted where the petitioner is implicated in a serious offence involving a grievous injury.
Summary
The petitioner, Nagina Chauhan, filed an anticipatory bail application fearing arrest in connection with a case registered under multiple sections of the Indian Penal Code. The prosecution alleged that a quarrel escalated into an assault by the petitioner, resulting in injuries, including a grievous head injury. The petitioner’s counsel argued innocence and lack of prior criminal antecedents. The State’s counsel highlighted the seriousness of the offences and the grievous nature of the injury. The Court, after considering the submissions and the petitioner’s role in the incident, found that the criteria for anticipatory bail were not satisfied. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 126(2), 191(2), 303(2), 351(2), 352, 74, 75(2)
Subjects
- anticipatory bail
- grievous injury
- Indian Penal Code
- criminal procedure
- section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29566 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- ASHTHAWAN District- Nalanda
======================================================
Nagina Chauhan S/o- Sadhu Chauhan R/o - Jiyar, Beldaripar, P.S- Asthawan,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard Mr. Pankaj Kumar, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned APP representing
the State.
2. The petitioner is apprehending his arrest in
connection with Ashthawan P.S. Case No. 23 of 2026 registered
for the offence punishable under Sections 191(2), 115(2),
126(2), 109(1), 351(2), 352, 74, 75(2) and 303(2) of the B.N.S.,
lodged on 21.01.2026 by the informant Sugiya Devi.
3. As per the prosecution story, the informant alleged
that a quarrel took place between the child in which the elders
entered and the assault made by this petitioner led to injuries
and the F.I.R.
4. Though, learned counsel for the petitioner tried to
show his innocence as also that he do not have criminal
Patna High Court CR. MISC. No.29566 of 2026(2) dt.06-05-2026
2/2
antecedent, learned APP has taken this Court to the learned
Sessions Judge order to show that one of the injury on the head
has been found to be grievous in nature.
5. Taking into account the submissions of the parties
as also the role that the petitioner has played, no case of
anticipatory bail is made out.
6. Accordingly, the anticipatory bail application
stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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