Patna High Court
Shahdeo Chauhan @ Satyadeo ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(3), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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