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2026 DAILYLAW 10953 (PAT)

Shambhu Choudhary @ Shambhu Choudhari v. The State of Bihar

CR. MISC./18319/2026 · 2026-05-06

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18319 of 2026 Arising Out of PS. Case No.-976 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Shambhu Choudhary @ Shambhu Choudhari S/O Late Lakshan Chaudhary @ Late Laxan Chaudhary @ Late Lachhan Chaudhari R/O Vill.- Ward No.- 01, Barwa Bishunpurwa, P.S- Shikarpur, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Gupta For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 06-05-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Shikarpur PS Case No. 976 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1) 109, 352, 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner were demolishing his hut, on protest, Shambhu and Prabhu said that he would be killed in the manner his father was killed, thereafter shambhu assaulted him by farsa causing injury on head, thereafter all accused assaulted his family members while Patna High Court CR. MISC. No.18319 of 2026(2) dt.06-05-2026 2/3 Angira and Asha snatched earrings and Kundan acted inappropriately with Shobha. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant on account of dispute relating to land. It is next submitted that petitioner is a person with clean antecedent, but then informant alleges that he was threatened that he would be killed in the manner his father was killed. It is further submitted that specific allegation of assault is against the petitioner that he assaulted the informant by farsa causing injury on head, but then the order impugned does not record the nature of injury. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is a specific allegation against the petitioner of assaulting the informant by farsa causing injury on head. It is next submitted that no doubt nature of injury has not been recorded in the order impugned, but then the order impugned records that injury is on vital part of the body, ie., head measuring 6 cm x ½ cm x ½ cm over frontal region of scalp. It is thus submitted that one can well imagine the force of assault causing injury of 6 cm on the frontal region of the scalp. 6. After hearing the learned counsel for the parties Patna High Court CR. MISC. No.18319 of 2026(2) dt.06-05-2026 3/3 and taking into consideration the fact that petitioner is alleged to have assaulted the informant by farsa causing injury on head as recorded hereinabove, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. Sumit/- (Satyavrat Verma, J) U T