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Patna High Court

Lucky Chaubey @ Abhishek Kumar ChaubeyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Lucky Chaubey and Babita Devi, filed an anticipatory bail application fearing arrest in connection with FIR No.191 of 2025 registered at Govindganj Police Station. The FIR alleges that they, along with co‑accused and 25‑30 unknown persons, assaulted electricity department officials with a sharp‑edge weapon, destroyed documents related to electricity theft, and obstructed official duties. The offences alleged include sections 126(2), 115(2), 118(2), 109, 132, 127(2), 241, 352 and 3(5) of the Bihar Negotiable Substances Act, 2023. The learned counsel for the petitioners argued that anticipatory bail was warranted given the seriousness of the accusations. The Court, after hearing both sides, held that the nature of the allegations involving assault on public servants and destruction of official documents did not merit anticipatory bail and consequently rejected the petition. The order was pronounced by Justice Prabhat Kumar Singh on 20‑02‑2026.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the B.N.S., 2023.

Subjects

  • anticipatory bail
  • assault on public servant
  • electricity theft
  • Bihar Negotiable Substances Act 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8004 of 2026
                      Arising Out of PS. Case No.-191 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Lucky Chaubey @ Abhishek Kumar Chaubey Son of Dilip Chaubey @
                  Dilip Kumar Chaubey Resident of Village - Nawada, Ward no. 13, P.S. -
                  Govindganj, District - East Champaran (Bihar).
           2.     Babita Devi Wife of Dilip Chaubey @ Dilip Kumar Chaubey R/o Village -
                  Nawada, Ward no. 13, P.S. - Govindganj, Dist. - East Champaran(Bihar).
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Govindganj P.S. Case No. 191 of 2025, registered for

                   offence punishable under Sections 126(2), 115(2), 118(2), 109,

                   132, 127(2), 241, 352, 3(5) of the B.N.S., 2023.

                                3. Petitioners are named in the F.I.R. with specific

                   accusation that they along with other co-accused and 25-30

                   unknown persons assaulted officials of electricity department

                   with sharp-edge weapon, tore documents relating to electricity

                   theft in the concerned area and thereby, caused hindrance in

                   discharge of their official duties.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.8004 of 2026(2) dt.20-02-2026
                                                       2/2




                     for anticipatory bail of petitioners is rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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