Patna High Court
Ashwini @ Anshu kumar ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 109, 120B, 147, 148, 149, 188, 307, 323, 324, 325, 326, 332, 333, 337, 338, 341, 342, 353, 386, 427, 435
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
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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.
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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
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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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