Patna High Court
Pintu ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Pintu Chauhan sought anticipatory bail after learning that he was implicated in a case under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for an alleged attack on police personnel that resulted in an injury to an Assistant Sub-Inspector. The prosecution alleged that 22 named and several unknown accused attacked the police, but the petitioner claimed he was not present at the scene, had no specific allegation against him, and was named only through a disclosure by a mahal chaukidar. He asserted his innocence, lack of criminal antecedent, and willingness to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender or be arrested within six weeks, provided he furnishes a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the prosecution has produced sufficient material to justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — 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
- criminal procedure
- false implication
- police assault
- B.N.S.
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87561 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Pintu Chauhan Son of Kailash Chauhan R/o Village - Dammar Bigha, P.S. -
Manpur, P.S. - Hargawan, Distt .- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
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 accused persons and
8 to 10 unknown accused persons disclosed by the mahal
chaukidar had attacked on the police force in which A.S.I., Asit
Rumar’s right hand was fractured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. There is no specific allegation against the petitioner. The
petitioner was neither present on the spot nor has participated in
the occurrence. Only on the basis of disclosure statement made
Patna High Court CR. MISC. No.87561 of 2025(2) dt.12-01-2026
2/2
by mahal chaukidar, the name of petitioner has been implicated
in this case due to ulterior motive. No incriminating material has
been recovered from conscious possession of the petitioner. The
petitioner has no criminal antecedent and he undertakes to
cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case and
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released 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 court concerned in
connection with Manpur P.S. Case No.131 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
Checking your session…