Shyam Sundar ChouhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44700 of 2026
                       Arising Out of PS. Case No.-70 Year-2026 Thana- BARAHAT District- Banka
                 ======================================================
           1.     Shyam Sundar Chouhan S/o Late Babu Lal Chouhan R/o Village- Telondha,
                  P.S.- Dhoraiya, District- Banka.
           2.    Bina Devi Wife of Ramsevak Chouhan R/o Village- Haripur, P.S.- Barahat,
                 District- Banka.
           3.    Raju Chouhan S/o Ramsewak Chouhan R/o Village- Haripur, P.S.- Barahat,
                 District- Banka.
           4.     Satyawati Devi W/o- Shyam Sundar Chouhan R/o Village- Telondha, P.S.-
                  Dhoraiya, District- Banka.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Mishra, Adv.
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Barahat PS Case No. 70 of 2026 in a case registered on

                   13.03.2026 for the offences punishable under Sections 126(2),

                   115(2), 329(4), 109(1), 324(3), 303(2), 117(2), 118(1), 352,

                   351(2), 3/5 of the BNS, 2023.

                                3. As per the prosecution case, the allegation against

                   the petitioners is that they along with other accused persons

                   trespassed the house of the informant and started abusing as

                   well as assaulted her mother and father by means of lathi-danda
Patna High Court CR. MISC. No.44700 of 2026(2) dt.08-07-2026
                                            2/4




          causing injuries to them. They also beaten the informant and

          tore her clothes. Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that the

          petitioners have not committed any offence as alleged in the FIR

          and they have falsely been implicated in this case due to

          ongoing land dispute between the parties. It is the case of the

          petitioners that both sides have received injuries and there is no

          specific allegation of overt-act against these petitioners.

          Learned counsel further submits that the incident is said to have

          taken place on 09.03.2026 while the instant FIR came to be

          instituted on 13.03.2026 after delay of four days of the said

          occurrence, that too after lodging of the FIR by one Parmanand

          Chauhan who is one of the co-accused persons in the present

          FIR. The said co-accused, Pramanand Chauhan @ Parmand

          Couhan has been granted anticipatory bail by the Co-ordinate

          Bench of this Court vide order dated 30.06.2026 in Cr. Misc.

          No. 39911 of 2026. Lastly, it has been submitted that the

          petitioners have got clean antecedent.

                       5. On the other hand, learned APP opposes the prayer

          for anticipatory bail,          however, concedes that one of the

          similarly situated co-accused persons has been granted

          anticipatory bail by the Co-ordinate Bench.
Patna High Court CR. MISC. No.44700 of 2026(2) dt.08-07-2026
                                            3/4




                       6.    Considering the fact that there is a case and

          counter case between the parties, there is no specific allegation

          of overt-act against the petitioners, one of the accused persons

          as stated above has been granted anticipatory bail by the Co-

          ordinate Bench and the petitioners have got clean antecedent,

          this Court is inclined to extend them the privilege of

          anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Banka in connection with aforesaid PS Case,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS as well as the following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their bail bond
                                  by the Trial Court itself;
          Patna High Court CR. MISC. No.44700 of 2026(2) dt.08-07-2026
                                                      4/4




                                                         (iii) the petitioner(s) shall in no
                                            way try to induce or promise or threat the
                                            witnesses or tamper with the evidences,
                                            failing which the State shall be at liberty to
                                            take steps for cancellation of the bail bonds;
                                                         (iv) the petitioner(s) shall desist
                                            from committing any criminal offence again,
                                            failing which the State shall be at liberty to
                                            take steps for cancellation of his/their bail
                                            bonds.



                                                  (Ajit Kumar, J)
    perwez

U     T