Patna High Court
Mahendra Chouhan @ Mahendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.
Summary
Mahendra Chouhan was arrested in connection with offences under several sections of the Bihar Narcotic Substances Act, 2023, including assault, extortion and other serious crimes. He had earlier filed an anticipatory bail application which he later withdrew and subsequently surrendered to the trial court on 1 December 2025. The informant, a 19‑year‑old, alleged that Chouhan and others assaulted him and attempted extortion of Rs.2 lakh. Chouhan contended that the allegations were false, highlighting the informant’s habit of drinking and prior misconduct, and argued that he would not flee if released on bail. The court, after considering the withdrawal of anticipatory bail and the petitioner’s surrender, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences charged under the Bihar Narcotic Substances Act, 2023.
- Whether the withdrawal of the anticipatory bail application and the petitioner’s surrender affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- anticipatory bail
- false implication
- extortion
- assault
- criminal procedure
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5028 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Mahendra Chouhan @ Mahendra Chauhan S/o- Ram Briksh Chauhan @
Rambriksh Chouhan @ Ram Brich Chouhan R/v- Chawaniya Ps- Ariyari
Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 352, 351(2), 303(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is in custody since
01.12.2025. It is next submitted that petitioner petitioner had
earlier moved before this Court seeking anticipatory bail by
filing Cr. Misc. No.66913/2025 but the same was permitted to
be withdrawn by an order dated 19.11.2025. It is next submitted
that thereafter the petitioner surrendered on 01.12.2025. It is
further submitted that informant alleges that on 01.06.2025, he
Patna High Court CR. MISC. No.5028 of 2026(2) dt.22-04-2026
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was going to get medicine for the cattle, when he was
intercepted by the accused persons including the petitioner and
the accused assaulted him brutally and thinking he is dead threw
him in a pond. It is next alleged that on account of assault, the
informant suffered injury on his right leg, both hand, shoulder
and Pasli (chest), further the occurrence was committed as he
refused to pay extortion of Rs.2 lacs.
4. Learned counsel submits that petitioner has been
falsely implicated in the instant case by the informant. It is next
submitted that informant is a young boy aged 19 years as such it
does not appear probable that from a young boy of 19 years of
age, the accused persons including the petitioner would have
demanded extortion of Rs.2 lacs when he has no source of
income. It is next submitted that informant is a habitual drinker
and used to act inappropriately with the women member of the
family of the petitioner, thus an altercation took place, in which
both side assaulted each other. It is next submitted that no doubt
informant suffered nine injuries but then the injuries were
simple in nature except injury no.1 and 8 as opinion with regard
to the same was reserved and is reserved till date. It is also
submitted that if privilege of regular bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
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in the trial to prove his innocence.
5. Learned A.P.P. opposes the prayer for bail of the
petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and also taking into consideration the
fact that petitioner after withdrawing his anticipatory bail
application surrendered before the learned trial court, the
petitioner above-named, is directed to be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Ariyari P.S. Case No.78 of 2025.
(Satyavrat Verma, J)
amit/-
U T
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