Patna High Court
Shatrudhan ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Shatrudhan Chauhan, sought anticipatory bail fearing arrest in a case alleging offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for allegedly participating in an attack on police personnel. The prosecution alleged that 22 named and 8‑10 unknown persons assaulted a police party, causing injuries, and the petitioner was implicated solely on a disclosure statement by a watchman. The petitioner contended he was not present at the incident, had no involvement, and that the allegations were vague and omnibus, lacking any specific overt act. He also highlighted his clean antecedents and pointed to the grant of anticipatory bail to a co‑accused, Chhotaka Chauhan, in a similar matter. The court, considering the general nature of the accusation, parity with the co‑accused, and the petitioner’s clean record, allowed the prayer for anticipatory bail under Section 482(2) of the B.N.S., directing bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the general and omnibus nature of the accusations
- Whether the disclosure statement by a watchman suffices to implicate the petitioner in the alleged offences
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 221, 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- general and omnibus accusation
- clean antecedents
- police assault case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84863 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Shatrudhan Chauhan S/O Kailash Chauhan R/O Village- Dammar Bigha, P.S-
Manpur, P.O- Hargawan, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar, Advocate
Mr. Arvind Kumar Sinha, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 127(2), 115(2), 117(2), 109(1), 121(1), 121(2), 132,
221 and 352 of the B.N.S.
3. As per prosecution case, 22 named and 8 to 10
unknown accused persons attacked on police party in which
police men sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The
petitioner was neither present on the spot nor has he participated
Patna High Court CR. MISC. No.84863 of 2025(3) dt.09-02-2026
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in the occurrence. Only on the basis of disclosure statement
made by Chaukidar he has been made accused in the case.
Moreover, allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against this
petitioner. It is further submitted that co-accused Chhotaka
Chauhan, having similar and identical allegations, has already
been granted the privilege of anticipatory bail by this Hon’ble
Court vide order dated 17.01.2026 passed in Cr. Misc. No.
85012 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Nalanda at Biharsharif in connection with Manpur P.S. Case No.
Patna High Court CR. MISC. No.84863 of 2025(3) dt.09-02-2026
3/3
131 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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