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Patna High Court

Ashwini @ Anshu kumar ChaubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Ashwini Chaubey, sought anticipatory bail after being implicated in a violent protest at the Chausa Thermal Power Plant, where police alleged he participated in stone‑pelting, arson and assault, leading to charges under numerous IPC and Arms Act provisions. The petitioner contended he was not named in the FIR, was falsely implicated, and highlighted grievances over land acquisition without proper compensation. The State opposed the bail, arguing the seriousness of the offences and the petitioner’s alleged involvement. The court examined whether the petitioner’s apprehended arrest justified anticipatory bail under Section 438(2) of the CrPC, considering the lack of direct evidence and his clean record. Finding that the petitioner’s arrest was not imminent and that conditions could safeguard the investigation, the court granted anticipatory bail with a bond and surety requirements. The order also imposed a condition that the petitioner appear before the lower court on every date, failing which the bail could be cancelled.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the CrPC despite the serious nature of the charges.
  • Whether the petitioner’s alleged involvement, given the absence of his name in the FIR, warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • criminal procedure
  • land acquisition protest
  • false implication
  • IPC offences
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39662 of 2025
                   Arising Out of PS. Case No.-101 Year-2024 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Ashwini @ Anshu kumar Chaubey S/o Ansh Narayan Chaubey R/o village -
                 Banarpur, P.S.- Buxar Muffasil, District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anurag Saurav, Adv
                                                 Mr. Ankesh Bibhu, Adv
                                                 Mr. Nehvish Anand, Adv
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-02-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 341, 323, 342, 324, 325, 326, 307, 353, 332, 333, 337, 338,

                   386, 109, 427, 435, 188 and 120B of the Indian Penal Code and

                   Section 25(1-B)a, 26, 27 and 35 of the Arms Act.

                                 3. As per the prosecution case, the informant received

                   information from the officer of under construction Chausa

                   Thermal Power Plant and L&T Company that the petitioners

                   and the co-accused persons along with about 200 unknown

                   persons were restraining the workers and employees of the said

                   Thermal Power Plant from entering the said power plant for
Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026
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          doing construction work. It is further alleged that all the accused

          persons started pelting stones on the main gate of the said power

          plant, thereafter, the police personnel reached the spot and

          informed the protesters about the order dated 16 January 2024

          passed in CWJC No. 1696 of 2024 by Hon’ble Patna High

          Court and asked them to follow the said order but they did not

          pay any heed and became more aggressive. On seeing the

          critical situation, higher police personnel discussed the matter

          and a team was constituted to restrict the said rebellions from

          obstructing the construction work. When the said police team

          raided on the spot, the protesters having armed with lathi,

          danda, bricks and stones attacked the police team causing

          injuries. Thereafter, the police personnel took shelter in the said

          Thermal Power Plant, in the meantime, the protesters damaged

          the said power plant and set it on fire. The co-accused Ram

          Pravesh Yadav was continuously firing on the police personnel.

          It is further alleged that 11 rounds of tear gas were also fired to

          disperse the crowd. On search, 2 live cartridges, 7 iron poles, 20

          lathis, one sound box, two pieces of iron stand fans, 50 to 60

          stone pieces, 20 to 22 broken bottles, 4 bamboo poles, 5 iron

          rods and two hasua were recovered from the place of

          occurrence.
Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026
                                            3/4




                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. The petitioner is not named in the FIR and the name of

          the petitioner has come in this case during the course of

          investigation. There is general and omnibus allegation against

          the petitioner. It is further submitted that the State Government

          has acquired his major agricultural land for Chausa Thermal

          Power Plant along with other lands of his co-villagers and many

          irregularities have been committed in the land acquisition

          process by State authorities as no proper compensation has been

          given and no rehabilitation scheme is followed. Nothing has

          been recovered from the conscious possession of the petitioner.

          The petitioners have no concern with the alleged occurrence.

          The co-accused persons have been granted anticipatory bail by

          this Court vide order dated 06.09.2024 passed in Cr. Misc. No.

          45092 of 2024. The petitioner has no criminal antecedent as

          stated at para-3 of the bail petition.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioner, in the event of his

          arrest/surrender within a period of six weeks from today, be
            Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026
                                                        4/4




                      enlarged on anticipatory bail on furnishing bail-bond of Rs.

                      20,000/- (Rupees twenty thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned court

                      concerned, Chief Judicial Magistrate, Buxar in connection with

                      Buxar Muffasil P.S. Case No. 101 of 2024, subject to conditions

                      as laid down under section 438(2) of the Code of Criminal

                      Procedure, with further condition:-

                                   (i) The petitioner is directed to remain physically

                      present before the learned Court below on each and every date,

                      failing which on two consecutive dates without reasonable

                      cause, the bail bonds of the petitioners are liable to be cancelled.

                                   7. The application stands allowed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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