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2026 DAILYLAW 43598 (PAT)

Shyam Chauhan @ Shyam Kumar v. The State of Bihar

CR. MISC./88116/2025 · 2026-01-15

Smt Soni Shrivastava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 The application is dismissed as withdrawn as having become infructuous with respect to petitioner nos.4 and 6 only. 5.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. Harsh/- (Soni Shrivastava, J) U T