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Patna High Court

Sunil Kumar @ Sunil Kumar ChaurasiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioner, Sunil Kumar Chaurasiya, applied for anticipatory bail anticipating arrest in a case under Sections 223, 308(3), 119(2), 324(4)(5) and 3(5) of the B.N.S. He claimed a clean record and alleged that the FIR was filed to pressure him in a pending title suit concerning land belonging to his wife. The petitioner argued that the proper remedy for the alleged violation of a stay order was contempt proceedings, not a criminal case, and that the allegations were false. The State opposed the bail. The Court, after considering the submissions, directed that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., thereby allowing the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged ulterior motive behind the FIR
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
  • Whether the offences alleged under the B.N.S. justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • title suit
  • stay order
  • Section 482
  • Bihar High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36906 of 2026
                   Arising Out of PS. Case No.-116 Year-2026 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Sunil Kumar @ Sunil Kumar Chaurasiya Son of Satrudhan Prasad Chaurasiya
                 Resident of Adarsh Nagar, PS- Phulwari, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akhauri Kamal Kishore Sahay
                                                 Mr.Rahul Raj
                 For the Opposite Party/s :      Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-06-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his arrest in

                   a case registered for the offences punishable under Sections 223,

                   308(3), 119(2), 324(4)(5), 3(5) of the B.N.S.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that he has filed Title Suit No.5703 of 2024,

                   which is pending adjudication in the Court of the learned Sub-

                   Judge-VIII, Patna and in the title suit, the accused persons

                   including the petitioner are descendants and despite stay granted

                   by the Court, the accused persons are proceeding with

                   construction work on the land and the police does not take
Patna High Court CR. MISC. No.36906 of 2026(2) dt.15-06-2026
                                            2/3




          action, thus Gholtan, Lakri and Gopal have blocked the gate of

          the informant’s house and have made an auto stand.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that the present criminal case

          has been instituted only to coerce the petitioner into submission

          so that he does not pursue with the title suit which is pending

          adjudication. It is next submitted that if what has been alleged is

          a correct fact in the FIR, in that event, the informant ought to

          have filed an application before the learned Sub-Judge for

          initiating a proceeding of contempt against the petitioner and

          those who violated the order of stay as alleged in the FIR, but

          instead of resorting to procedure as envisaged in law, the present

          criminal case has been instituted with an ulterior motive. It is

          also submitted that petitioner is a railway employee and the land

          in dispute belongs to the wife of the petitioner.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail
               Patna High Court CR. MISC. No.36906 of 2026(2) dt.15-06-2026
                                                           3/3




                         on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Phulwarisharif P. S.

                         Case No.116 of 2026, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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