Patna High Court
Shyam Chauhan @ Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to petitioners 1‑3 and 5, subject to a bail bond and sureties, while dismissing the application as withdrawn for petitioners 4 and 6.
Summary
The petitioners, five members of the Chauhan family, feared arrest in Kasba Police Station Case No.111 of 2025, which alleged that they cut bamboo on the informant’s land and assaulted him, invoking sections 191(1), 192(2), 190, 115, 109, 117(2) and 303(2) of the B.N.S.S, 2023. They argued that the FIR contained only general and omnibus allegations, that a land dispute existed between the parties, and that a co‑accused had already been granted anticipatory bail in a related matter. Petitioners 4 and 6 withdrew their application after being arrested, leaving the petition for petitioners 1‑3 and 5. The court considered the nature of the allegations, the pending land dispute, and the precedent of bail granted to a similarly situated co‑accused. It directed that, upon arrest or surrender within four weeks, petitioners 1‑3 and 5 be released on anticipatory bail upon furnishing a Rs 10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023. The order also dismissed the application as withdrawn for petitioners 4 and 6.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1‑3 and 5 despite the general and omnibus allegations in the FIR.
- Whether the existence of a land dispute and a co‑accused already granted bail affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 109, 115, 117(2), 190, 191(1), 192(2), 303(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- omnibus allegations
- land dispute
- assault
- B.N.S.S 2023
- Section 438 CrPC
- Section 482 B.N.S.S
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88116 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- KASBA District- Purnia
======================================================
1. Shyam Chauhan @ Shyam Kumar S/O Kailash Chauhan @ Bhumi Chauhan
R/O Balua, P.S- K. Nagar, Distt.- Purnia.
2. Budhdu Chauhan @ Budhwo Chauhan @ Shobha Kant Chauhan S/O
Lakshmi Chauhan @ Bhola Guruji R/O Garhia, P.S- K. Nagar, Distt.-
Purnia.
3. Sahdeo Chauhan @ Sahdev Chauhan S/O Kishori Chouhan R/O Balua,
Garhia, Garhiyabalua, P.S- K. Nagar, Distt.- Purnia.
4. Ramesh Chauhan @ Ramesh Kumar Chauhan @ Ramesh Kumar Chouhan
S/O Shahdeo Chouhan R/O Gadhia Balua, Gadhiya Balua, P.S- K. Nagar,
Distt.- Purnia.
5. Murari Chauhan @ Rajendra Jamadar S/O Lakshmi Chauhan @ Bhola
Guruji R/O Garhia, Garhiya Balua, P.S- K. Nagar, Distt.- Purnia.
6. Pratap Chauhan @ Pratap Chouhan S/O Kishori Chouhan R/O Garhia Balua,
Garhia, P.S- K. Nagar, Distt.- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Prabhat, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Learned counsel for the petitioners, at the very
outset, submits that petitioner nos. 4 and 6 have been arrested
during pendency of the present application and hence, he wants
to withdraw the present application on behalf of petitioner nos.
4 and 6.
3. Permission is granted.
Patna High Court CR. MISC. No.88116 of 2025(2) dt.15-01-2026
2/3
4. The application is dismissed as withdrawn as
having become infructuous with respect to petitioner nos.4 and
6 only.
5. The petition now survives on behalf of petitioner
nos. 1 to 3 and 5 only.
6. The petitioners apprehend their arrest in
connection with Kasba P.S. Case no.111 of 2025 registered
under sections 191(1), 192(2), 190, 115, 109, 117(2) and 303(2)
of BNS, 2023.
7. The allegations in the F.I.R is that accused persons
including the petitioners herein came to the land of the
informant and started cutting bamboo trees. On protest, accused
persons assaulted the informant causing injuries to him.
8. Learned counsel for the petitioners submits that it
would be apparent from the F.I.R itself that there are general and
omnibus allegations against the petitioners and no specific
imputation has been made. It has also been argued that there is
an admitted land dispute between the parties and there also
exists case and counter case. Learned counsel further submits
that similarly situated co-accused has already been granted
anticipatory bail vide order dated 08.01.2026 passed in Cr.
Misc. No. 86830 of 2025 by a co-ordinate Bench of this Court.
Patna High Court CR. MISC. No.88116 of 2025(2) dt.15-01-2026
3/3
The petitioners undertake to co-operate in investigation/trial.
9. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
10. Taking into consideration the entire facts and
circumstances of the case and also considering that there are
general and omnibus allegations leveled against them, there is
land dispute between the parties, case and counter case and
similarly situated co-accused has been granted bail by aforesaid
order dated 08.01.2026, it is directed that the petitioner nos.1 to
3 and 5, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Kasba P.S. Case no.111
of 2025 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending, subject to the condition laid down under
Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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