Created by Fuzzy Cloud

Patna High Court

Shahdeo Chauhan @ Satyadeo ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioners.

Summary

The petitioners, Shahdeo Chauhan and his wife Saroj Devi, applied for anticipatory bail fearing arrest in a case (Hisua P.S. Case No. 315 of 2025) where their son Rankit Chauhan is accused of kidnapping. The prosecution alleged offences under Sections 96 and 140(3) of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended they were falsely implicated merely because they are the parents of the main accused and asserted their innocence, noting one has a clean record and the other a single prior conviction. The State opposed the bail, arguing the seriousness of the charges. The Court, applying Section 438(2) of the CrPC and its inherent powers under Section 482 of the BNSS, allowed the anticipatory bail, directing release on bail bond of Rs 10,000 with two sureties if arrested within four weeks.

Issues considered

  • Whether anticipatory bail can be granted to the parents of an accused under Section 438 CrPC and Section 482 BNSS.
  • Whether the alleged involvement and prior criminal antecedent of the petitioners justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • Bharatiya Nyaya Sanhita
  • false implication
  • parents of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89457 of 2025
                       Arising Out of PS. Case No.-315 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
           1.     Shahdeo Chauhan @ Satyadeo Chauhan S/o Late Nildhari Chauhan R/o vill
                  - Bhola Bigha, P.S.- Hisua, Distt.- Nawada
           2.    Saroj Devi W/o Shahdeo Chauhan @ Satyadeo Chauhan R/o vill - Bhola
                 Bigha, P.S.- Hisua, Distt.- Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hansraj, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                          Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Hisua P.S. Case No. 315 of 2025 registered for

                   the offence under Sections 96 and 140(3) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                   3.     As per the prosecution case, one Rankit

                   Chauhan is accused of abducting the daughter of the informant.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case only on the ground that they

                   are parents of the main accused namely, Rankit Chauhan.
              Patna High Court CR. MISC. No.89457 of 2025(2) dt.04-02-2026
                                                          2/2




                        Petitioner no. 2 has clean antecedent and petitioner no. 1 has

                        one criminal antecedent.

                                        5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioners, above named, in the event of

                        their arrest or surrender before the concerned Court below

                        within four weeks from today, be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

                        of the like amount each to the satisfaction of the learned Chief

                        Judicial Magistrate, Nawada/ concerned Court below in

                        connection with Hisua P.S. Case No. 315 of 2025, subject to the

                        conditions laid down in Section 438(2) of the Code of Criminal

                        Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.