Patna High Court
Lakshmi ChouhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioners’ clean antecedent and absence of specific allegations against them, anticipatory bail should be granted under Section 482(2) of the BNSS.
Summary
The petitioners, Lakshmi and Dilip Chouhan, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged mob violence against a police informant. The FIR alleged that the main assault was committed by Jai Prakash Chouhan, a military personnel, and that the petitioners, being his relatives, were named as co-accused without specific allegations against them. The petitioners argued that the FIR was filed after a three‑day delay, that the injury was solely caused by Jai Prakash Chouhan, and that they have clean antecedents, citing that similarly situated co‑accused had already been granted bail. The State opposed the anticipatory bail, relying on the FIR allegations. Considering the lack of direct evidence against the petitioners, their clean record, and the family‑relation context, the court ordered that they be released on anticipatory bail subject to a bond and sureties under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS despite the FIR allegations.
- Whether the petitioners can be held liable as co‑accused solely on the basis of familial relation to the main accused.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 121(2), 126(2), 127(2), 132, 3(5), 352, 482(2)
Subjects
- anticipatory bail
- FIR
- mob violence
- family members
- clean antecedent
- Section 482
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7783 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
1 . Lakshmi Chouhan S/O Late Chalittar Chouhan R/O Village- Dalan, P.S-
Muffasil, Dist.- Katihar.
2. Dilip Chouhan S/O Late Panna Lal Chouhan R/O Village- Dalan, P.S-
Muffasil, Dist.- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad , Advocate
For the Opposite Party/s : Ms. Sharda Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 115(2), 117(2), 109(1), 132, 121(2), 352, 3(5) of the
B.N.S..
3 . The allegation in the First Information Report is
that on account of some mob violence, the informant, who is a
police personnel, was assaulted by one Jai Prakash Chouhan,
who is the person from military and all the accused persons
including the present petitioners along with 8-10 unknown
persons pushed the informant and others while Jai Prakash
Patna High Court CR. MISC. No.7783 of 2026(2) dt.19-02-2026
2/3
Chouhan made the main attack .
4. Learned counsel for the petitioners submits that
from bare perusal of the First Information Report it is apparent
that the incident took place out of a mob mentality and the main
allegation has been attributed to one Jai Prakash Chouhan, who
is person from military . Petitioners are all family members of
one family, have been made an accused on account of the fact
that they are relative of the main accused Jai Prakash Chouhan.
It is further submitted that the F.I.R. has been lodged after delay
of three days and as a matter of fact, co-accused Mamta Kumari
had also lodged a complaint case bearing Complaint Case
No.2064/2025 against the informant and police personnel. It has
also been submitted that the injury suffered by the informant is
only attributable to Jai Prakash Chouhan and not to these
petitioners. Similarly situated co-accused persons have already
been granted bail by Co-ordinate Bench of this Hon’ble Court
vide order dated 04.02.2026 in Cr. Misc. No. 7558 of 2026 .
Petitioners claim clean antecedent.
5 . Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
Patna High Court CR. MISC. No.7783 of 2026(2) dt.19-02-2026
3/3
circumstances and considering the fact that the petitioners are
all family members of the family of the main accused Jai
Prakash Chouhan with no specific allegation of assault upon
them, clean antecedent of these petitioners and other
circumstances of the case , let the above named petitioners, be
enlarged on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned JM 1st Class Katihar in connection with
Mufassil P.S. Case No. 257 of 2025 , subject to the condition as
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…