Patna High Court

Kapil Chauhan @ Kapil Deo ChauhanversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Kapil Chauhan, Raj Kumar Chauhan and Suresh Chauhan, sought anticipatory bail fearing arrest in a case (Kawakole P.S. Case No. 331 of 2025) involving alleged offences under sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. They contended that the FIR primarily targeted co‑accused Manoj Chauhan and that they were merely named without any specific role, noting their minimal or nil criminal antecedents and a background land dispute. The State opposed the bail. After considering the pleadings, the Court found no substantive basis to deny bail and, invoking Section 482(2) of the BNSS, ordered anticipatory bail with a bond of Rs.20,000 and two sureties for each petitioner. The order is subject to the usual conditions of anticipatory bail.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita
Whether the FIR sufficiently implicates the petitioners to justify denial of bail
Whether the petitioners' criminal antecedents and the nature of the alleged offences warrant denial of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Section 482
FIR
land dispute
criminal antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8156 of 2026
                     Arising Out of PS. Case No.-331 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
           1.     Kapil Chauhan @ Kapil Deo Chauhan, Son of Late Jiwlal Chauhan @ Jival
                  Chauhan, Resident of Village- Pali, P.S.- Kawakole, District- Nawada
           2.    Raj Kumar Chauhan, Son of Rajendra Chauhan @ Rajindra Chauhan,
                 Resident of Village- Pali, P.S.- Kawakole, District- Nawada
           3.     Suresh Chauhan, Son of Rajendra Chauhan @ Rajindra Chauhan, Resident
                  of Village- Pali, P.S.- Kawakole, District- Nawada
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prem Ranjan Kumar, Adv.
                 For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                        Heard the parties.

                                   2. The petitioners apprehend their arrest in

                   connection with Kawakole P.S. Case No. 331 of 2025 dated

                   16.08.2025 registered for the offences punishable under sections

                   126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                   3. Learned counsel for the petitioners submits that

                   the FIR itself shows that the main allegation is against co-

                   accused Manoj Chauhan and all the petitioners have been

                   simply named in the FIR without revealing their specific role in

                   the commission of the alleged assault and other allegations

                   levelled against the petitioners, Raj Kumar Chauhan and Suresh

                   Chauhan, are ornamental. It is further submitted that the
           Patna High Court CR. MISC. No.8156 of 2026(2) dt.24-02-2026
                                                       2/2




                     petitioner Nos.1 and 2 have only one criminal antecedent each

                     while the petitioner No. 3 has no criminal antecedent and the

                     informant sustained simple injuries in the alleged occurrence,

                     whose injury report has been filed with this petition and

                     admittedly, there is land dispute in between both the parties.

                                     4. Learned APP for the State has opposed the

                     prayer of the petitioners.

                                     5. In the facts and circumstances of this case,

                     considering the above-stated statements and the petitioners’

                     pleas, this Court is inclined to grant the relief of anticipatory

                     bail to the petitioners. Accordingly, let the petitioners named-

                     above, in the event of their arrest or surrender before the learned

                     Court below within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bonds of Rs.

                     20,000/- (Rupees Twenty Thousand) each with two sureties of

                     the like amount each to the satisfaction of the Court concerned

                     in connection with Kawakole P.S. Case No. 331 of 2025, subject

                     to the conditions as laid down under Section 482(2) of the

                     BNSS.



                                               (Shailendra Singh, J)
annu/-
U      T

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