Patna High Court

Sikandar ChauhanversusState Of Bihar and Anr

Decided: 12 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The High Court disposed of the petition, thereby granting the relief to quash the anticipatory bail order.

Summary

The petitioner, Sikandar Chauhan, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 April 2018 of the Sessions Judge, Gopalganj, which had granted anticipatory bail under Section 438(2) CrPC in a complaint under Section 498A IPC. The petition challenged the validity of the anticipatory bail order and the conditions imposed therein. Both parties appeared before the Patna High Court, with the petitioner’s counsel requesting disposal of the case and the State’s Additional Public Prosecutor raising no objection to the petitioner's prayer. The Court, after considering the submissions, disposed of the petition. The disposition effectively granted the relief sought, resulting in the quashing of the anticipatory bail order.

Issues considered

Whether the order granting anticipatory bail under Section 438(2) CrPC can be quashed under Section 482 CrPC
Whether the conditions imposed in the anticipatory bail order are legally sustainable

Legislation cited

Code of Criminal Procedure, 1973 — s. 438, 482
Indian Penal Code — s. 498A

Subjects

anticipatory bail
quash order
Section 482 CrPC
Section 438 CrPC
Section 498A IPC
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56947 of 2018
                  Arising Out of PS. Case No.-3211 Year-2013 Thana- GOPALGANJ COMPLAINT CASE
                                                   District- Gopalganj
                 ======================================================
                 Sikandar Chauhan S/o Gharbharan Chauhan, R/o Vill.- Magahia Tola,
                 Bishunpura, P.S.- Kateya, District- Gopalganj.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Rajpati Devi W/o Sikandar Chauhan, D/o Ramjatan Mahto, R/o Vill.-
                 Khampar, P.S.- Khampar, District - Deoria U.P..

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Ram Sumiran Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order 12.04.2018 passed by the

                   learned Sessions Judge, Gopalganj in A.B.P. No. 549 of 2018 to

                   the extent of the condition fixed by the learned Court below

                   under Section 438(2) of Cr.P.C. while granting anticipatory bail

                   to the petitioner in Complaint Case No. 3211 of 2013 (Tr. No.

                   1310 of 2018) for the offence under Section 498A of the I.P.C.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.56947 of 2018(2) dt.12-02-2026
                                                          2/2




                        prayer of the petitioner.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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