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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court held that petitioners nos. 1, 2 and 7 are eligible for bail upon surrender or arrest within four weeks, subject to a bond and sureties, while the applications of petitioners nos. 3, 4, 5, 6 and 8 are dismissed as withdrawn.

Summary

The petitioners, a group of Chauhan family members, sought bail fearing arrest in connection with Sarmera Police Station Case No.65 of 2025, which alleged offences under sections 115(2), 105(1), 117(2), 126(2), 287 of the Bihar Non‑Statutory (BNS) Act and section 27 of the Arms Act. The prosecution alleged that the petitioners assaulted an informant and his relatives with an iron rod, causing head injuries. The petitioners numbered 3, 4, 5, 6 and 8 withdrew their bail applications, which the court dismissed as withdrawn and directed them to surrender within six weeks and apply for regular bail. For petitioners 1, 2 and 7, the court considered the general allegations and, despite the State’s opposition, ordered that they be released on bail if they surrender or are arrested within four weeks, upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 BNS. The order thus conditionally granted bail to the remaining petitioners while closing the withdrawn applications.

Issues considered

  • Whether bail should be granted to the accused persons charged under sections 115(2), 105(1), 117(2), 126(2), 287 of the BNS Act and section 27 of the Arms Act.
  • Whether the withdrawal of bail applications by some petitioners affects the court's jurisdiction to order surrender and regular bail.
  • Whether the conditions prescribed under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS Act are satisfied for granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • section 438 CrPC
  • section 482 BNS
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42748 of 2025
                       Arising Out of PS. Case No.-65 Year-2025 Thana- SARMERA District- Nalanda
                 ======================================================
           1.     Pawan Kumar S/o Upendra Chauhan R/o Village- Shekhra Bigha, PS-
                  Sarmera, District- Nalanda
           2.    Mathura Chauhan S/o Late Shiv Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           3.    Ranjeet Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           4.    Upendra Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           5.    Raju Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           6.    Matalu Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           7.    Kaso Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda
           8.    Sudhir Chauhan S/o Mathura Chauhan R/o Village- Shekhra Bigha, PS-
                 Sarmera, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad, Adv
                 For the Opposite Party/s :       Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                      Heard learned counsel for the petitioners                      and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Sarmera P.S.Case No.65 of 2025 registered for the offence

                   under sections 115(2), 105(1), 117(2), 126(2), 287 of BNS and

                   section 27 of the Arms Act.
Patna High Court CR. MISC. No.42748 of 2025(6) dt.17-02-2026
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                       3. As per the prosecution case, the informant and his

          father and brother have been assaulted by the petitioners with

          iron rod and lathi blow causing injury on the head of the

          informant’s and his father..

                       4. Learned counsel for the petitioners, at the very

          outset, prays for and is permitted to withdraw this application

          filed on behalf of the petitioner nos. 3, 4, 5, 6 and 8.

                       5. Accordingly, this application is dismissed as

          withdrawn with regard to petitioner nos. 3, 4, 5, 6 and 8. They

          are directed to surrender within six weeks from today and pray

          for regular bail.

                       6. So far as the petitioner no. 1, 2 and 7 are concerned,

          there are general and omnibus allegation against these

          petitioners. The petitioners are gotiyas of the informant.

                       5. Learned counsel for the State has opposed the bail

          application of the petitioners.

                       7. Let the petitioner nos. 1, 2 and 7 above named, in

          the event of their arrest or surrender before the concerned Court

          below within four weeks from today, be released on bail on

          furnishing bail bond of Rs. 10,000/- ( ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate, Nalanda at Biharshrif / concerned
            Patna High Court CR. MISC. No.42748 of 2025(6) dt.17-02-2026
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                      court below in connection with Sarmera P.S.Case No.65 of

                      2025, subject to the conditions laid down in Section 438(2) of

                      the Code of Criminal Procedure, 1973/ Section 482 of the

                      BNSS.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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