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Patna High Court

Om Prakash ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

The petitioners, Om Prakash Chaudhary and Sri Narayan, sought anticipatory bail fearing arrest in a 2018 case involving alleged offences under sections 341, 323, 379, 393, 504 and 34 of the Indian Penal Code. The FIR named three accused who allegedly looted a vehicle, and the co‑accused’s self‑inculpatory statements implicated the petitioners. The petitioners claimed innocence and a clean antecedent, arguing that they were falsely implicated. The court examined the allegations and the co‑accused’s statements but found insufficient grounds to grant anticipatory bail. Consequently, the court declined to extend the privilege of anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • false implication
  • criminal procedure
  • section 341
  • section 323
  • section 379
  • section 393
  • section 504
  • section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41949 of 2025
                   Arising Out of PS. Case No.-31 Year-2018 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     Om Prakash Chaudhary S/O Jagan Chaudhary R/O Vill.- Mesaudha, P.s.-
                  Kundwa Chainpur, Dist.- East Champaran.
           2.    Sri Narayan S/O Ram Dayali Sah @ Ramdayal Sah R/O Vill.- Gawandri,
                 P.s.- Kundwa Chainpur, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Adv
                 For the Opposite Party/s :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Chiraiya P.S.Case No. 31 of 2018 registered for the offence

                   under sections 341, 323, 379, 393, 504/34 of the Indian Penal

                   Code.

                                3. The FIR named three accused persons are said to

                   have committed loot of the vehicle. During the investigation the

                   name of the petitioners have come in self inculpatory statement

                   of co-accused that these petitioners have also participated in the

                   alleged crime.

                                4. Learned counsel for the petitioners submits that
            Patna High Court CR. MISC. No.41949 of 2025(4) dt.17-02-2026
                                                        2/2




                      petitioners are innocent and have falsely been implicated in this

                      case. The petitioners have clean antecedent.

                                   5. Considering the aforesaid facts, I am not inclined

                      to grant privilege of anticipatory bail to the petitioners.

                                   6. This application is dismissed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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