Patna High Court
Praveen Kumar @ Praveen Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner under Section 438(2) of the CrPC.
Summary
The petitioner, Praveen Kumar, applied for anticipatory bail fearing arrest in a case (Kudhani P.S. Case No. 111 of 2021) involving alleged offences under Sections 341, 342, 406, 420, 467, 468, 506 and 34 of the IPC. The prosecution alleged that the petitioner, along with others, abducted the husband of the informant, kept him captive, and forced a sale deed of land. The petitioner contended he was neither buyer nor seller, that the allegations were vague, and that he had no criminal antecedent. The State opposed bail. After hearing both sides, the court, applying Section 438(2) of the CrPC, ordered the petitioner to surrender within four weeks and granted anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to standard conditions. The bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences.
- Whether the petitioner is likely to tamper with evidence, influence witnesses, or abscond if released on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 341, 342, 406, 420, 467, 468, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3975 of 2026
Arising Out of PS. Case No.-111 Year-2021 Thana- KUDHNI District- Muzaffarpur
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Praveen Kumar @ Praveen Kumar Chaudhary Son of Late Ramashankar
Chaudhary Resident of Village - Dariyapur Kafen, P.S. - Kudhani, Distt. -
Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Kudhani P.S. Case No. 111 of 2021 instituted
for the offence under Sections 341, 342, 406, 420, 467, 468, 506
& 34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner along with others took the husband of the informant in
Bolero car made him captive and kept in the house of Ramesh
Mandal and forcibly got a sale deed registered of the land.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is neither purchaser nor
the seller of the land. Only allegation is that he along with
others has taken the husband of the informant in a car. Learned
Patna High Court CR. MISC. No.3975 of 2026(2) dt.09-02-2026
2/2
counsel for the petitioner has further submitted that nature of
allegation is general and omnibus. Petitioner is not the
beneficiary. Learned counsel for the petitioner has lastly
submitted that petitioner is having no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Kudhani P.S. Case no. 111 of 2021, he will
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-Vth, Muzaffarpur, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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