Patna High Court
Chandan Pathak @ Abhishek PathakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is not warranted given the seriousness of the alleged offences.
Summary
The petitioner, Chandan Pathak, sought anticipatory bail in connection with a criminal case (PS Dawath Case No. 321 of 2024) alleging offences of molestation, threats to make intimate moments viral, and an acid attack under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner had threatened and injured the victim by throwing acid. The court examined the gravity of the alleged offences and the seriousness of the charges under sections 126, 115(2), 78, 351, 352 and 3(5) of the BNS. Considering the nature and seriousness of the accusations, the court concluded that the petitioner was not entitled to anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was ordered to surrender within two weeks to obtain regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in light of the alleged offences of molestation, threat to make intimate moments viral, and acid attack under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126, 3(5), 351, 352, 78
Subjects
- anticipatory bail
- acid attack
- molestation
- Bharatiya Nyaya Sanhita
- criminal procedure
- serious offences
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47107 of 2025
Arising Out of PS. Case No.-321 Year-2024 Thana- DAWATH District- Rohtas
======================================================
Chandan Pathak @ Abhishek Pathak S/O Late Rishikesh Pathak Village-
Patkhauli, PS- Dawath, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Versha Kumari D/O Umesh Dubey Village- Bairiya, PS- Dawath, District-
Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Choubey
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
Mr. Jharkhandi Upadhyay, APP
For the O.P. NO. 2 : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-01-2026 Heard the learned counsel for the petitioner, Mr.
Jharkhandi Upadhyay, the learned APP for the State and the
learned counsel for the informant.
2. The petitioner apprehend arrest in connection with
Dawath @ Dawat P.S. Case No. 321 of 2024 registered for
offences under Sections 126, 115(2), 78, 351, 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of molesting the victim girl, threatening her to make her
intimate moments with him viral and also injuring her by
throwing acid upon her.
4. Considering the nature of the accusation and
Patna High Court CR. MISC. No.47107 of 2025(5) dt.17-01-2026
2/2
gravity of offence, this court is of the considered opinion that
petitioner does not deserve the privilege of anticipatory bail in
the present case.
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Rohtas at Sasaram will take all steps for the arrest of the
petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Rohtas at Sasaram through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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