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2026 DAILYLAW 35981 (PAT)

Ashwini @ Anshu kumar Chaubey v. The State of Bihar

CR. MISC./39662/2025 · 2026-02-17

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39662 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Ashwini @ Anshu kumar Chaubey S/o Ansh Narayan Chaubey R/o village - Banarpur, P.S.- Buxar Muffasil, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anurag Saurav, Adv Mr. Ankesh Bibhu, Adv Mr. Nehvish Anand, Adv For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 17-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 324, 325, 326, 307, 353, 332, 333, 337, 338, 386, 109, 427, 435, 188 and 120B of the Indian Penal Code and Section 25(1-B)a, 26, 27 and 35 of the Arms Act. 3. As per the prosecution case, the informant received information from the officer of under construction Chausa Thermal Power Plant and L&T Company that the petitioners and the co-accused persons along with about 200 unknown persons were restraining the workers and employees of the said Thermal Power Plant from entering the said power plant for Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026 2/4 doing construction work. It is further alleged that all the accused persons started pelting stones on the main gate of the said power plant, thereafter, the police personnel reached the spot and informed the protesters about the order dated 16 January 2024 passed in CWJC No. 1696 of 2024 by Hon’ble Patna High Court and asked them to follow the said order but they did not pay any heed and became more aggressive. On seeing the critical situation, higher police personnel discussed the matter and a team was constituted to restrict the said rebellions from obstructing the construction work. When the said police team raided on the spot, the protesters having armed with lathi, danda, bricks and stones attacked the police team causing injuries. Thereafter, the police personnel took shelter in the said Thermal Power Plant, in the meantime, the protesters damaged the said power plant and set it on fire. The co-accused Ram Pravesh Yadav was continuously firing on the police personnel. It is further alleged that 11 rounds of tear gas were also fired to disperse the crowd. On search, 2 live cartridges, 7 iron poles, 20 lathis, one sound box, two pieces of iron stand fans, 50 to 60 stone pieces, 20 to 22 broken bottles, 4 bamboo poles, 5 iron rods and two hasua were recovered from the place of occurrence. Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026 3/4 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and the name of the petitioner has come in this case during the course of investigation. There is general and omnibus allegation against the petitioner. It is further submitted that the State Government has acquired his major agricultural land for Chausa Thermal Power Plant along with other lands of his co-villagers and many irregularities have been committed in the land acquisition process by State authorities as no proper compensation has been given and no rehabilitation scheme is followed. Nothing has been recovered from the conscious possession of the petitioner. The petitioners have no concern with the alleged occurrence. The co-accused persons have been granted anticipatory bail by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 45092 of 2024. The petitioner has no criminal antecedent as stated at para-3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be Patna High Court CR. MISC. No.39662 of 2025(4) dt.17-02-2026 4/4 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. Case No. 101 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled. 7. The application stands allowed. N.K/- (Sandeep Kumar, J) U T