Patna High Court
Sunil Kumar @ Sunil Kumar ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Statutes (B.N.S.) — s. 119(2), 223, 308(3), 324(4)(5), 3(5), 482(2)
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
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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
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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/-
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