Patna High Court
Nikhil Kumar Chaurasiya @ Nikhil Bhagat @ Nikhil Kumar BhaktaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the petition for anticipatory bail.
Summary
The petitioners—Nikhil Kumar Chaurasiya, Guddu Chauraisa and Javed Mian—applied for anticipatory bail in a case registered under several sections of the Indian Penal Code, alleging they were falsely implicated in a stabbing incident. They argued that the police investigation concluded with a final report exonerating them, and that only Nikhil and Vinit were alleged to have stabbed the informant and his brother, while the other petitioners were merely said to have caught the informant. The State and the informant opposed the bail, contending that the FIR specifically alleges stabbing by Nikhil and Vinit and that the injuries were grievous, and that the trial court had rightly taken cognizance despite the police report. After hearing both sides, the High Court held that anticipatory bail could not be granted in the circumstances. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted when the police final report exonerates the accused but the trial court has taken cognizance of the FIR.
- Whether individuals alleged only to have caught the informant, and not to have committed the stabbing, are eligible for anticipatory bail.
- Whether the seriousness of alleged grievous injuries precludes the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Indian Penal Code
- false implication
- police exoneration
- trial court cognizance
- grievous injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86168 of 2025
Arising Out of PS. Case No.-265 Year-2024 Thana- KHAIRA District- Saran
======================================================
1. Nikhil Kumar Chaurasiya @ Nikhil Bhagat @ Nikhil Kumar Bhakta Son of
Babban Chaurasiya @ Babban Bhakta Resident of Village - Khaira, P.S.-
Khaira, District - Saran.
2. Guddu Chaurasiya Son of Jayanath Chaurasiya Resident of Village - Khaira,
P.S.- Khaira, District - Saran.
3. Javed Mian Son of Hakka Miyan Resident of Village - Khaira, P.S.- Khaira,
District - Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravi Kant Singh Ranjit Kumar Singh R/o Village- Mira Musehari, P.S.-
Chhapra (Muffasil), District- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Sri Krishna Prasad Singh
Mr. Rakesh Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad- A.P.P.
Mr. Milind Raj Dixit
Mr. A.K. Mantu
Mr. S.K. Chaubey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 01-05-2026 1. Heard learned senior counsel for the petitioners,
learned APP for the State and the learned counsel appearing
on behalf of the informant.
2. The petitioners seek bail in anticipation of their
arrest in Khaira P. S. Case No.265 of 2024 registered for the
offences punishable under Sections 109, 303(2), 126(2),
115(2), 118(1), 118(2), 352, 351(2), 3(5) of the B.N.S.
3. The learned senior counsel for the petitioners
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submits that the petitioners are persons with clean
antecedent and in sum and substance the allegation is that
Nazim and Dipu caught the informant and Nikhil stabbed
him. Further, petitioner nos.2 and 3 caught the brother of
the informant and Vinit stabbed his brother namely, Anuj.
4. The learned counsel for the petitioners submits
that petitioners have been falsely implicated in the instant
case by the informant. It is next submitted that from perusal
of the allegations as alleged in the FIR, it would manifest
that specific allegation of stabbing the informant and his
brother is against Nikhil and Vinit, but then as far as
petitioner nos.2 and 3 are concerned, they are alleged to
have caught the informant, hence allegation of stabbing is
not against them. It is also submitted that police after
investigation submitted final form exonerating the
petitioners of the allegations as alleged in the FIR but then
the learned trial Court differing with the police report took
cognizance based on which petitioners apprehend arrest. It
is further submitted that when one investigating agency
after investigating the case came to a considered conclusion
that petitioners are innocent whether it would be prudent for
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the Court to send the petitioners to jail based when they are
are not alleged to have stabbed the victim.
5. Learned A.P.P. Sri Chandra Bhushan Prasad as
well as the learned counsel appearing on behalf of the
informant vehemently opposes the anticipatory bail
application and submits that no doubt final form
exonerating the petitioners has been submitted by the police
but then in the FIR, it is specifically alleged that informant
and his brother Anuj were stabbed by Nikhil and Vinit. It is
also submitted that injury suffered by the injured has been
opined to be grievous in nature. It is next submitted that
learned trial Court differing with the police report has taken
cognizance. It is next submitted that though petitioner nos.2
and 3 are not alleged to have stabbed the victim but then are
alleged to have caught the victim on account of which it
became possible for Nikhil and Vinit to commit the
occurrence of stabbing. It is also submitted that it absolutely
does not stand to reason that as to why the informant would
have implicated someone who had not stabbed him and was
not associated with the occurrence.
6. After hearing the learned counsel for the parties,
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the Court is not inclined to extend the privilege of
anticipatory bail to the petitioners.
7. The prayer of the petitioners for anticipatory
bail stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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