Patna High Court
Om Prakash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 323, 34, 341, 379, 393, 504
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
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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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