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2026 DAILYLAW 8286 (PAT)

Gariban Choudhary v. The State of Bihar

CR. MISC./1566/2026 · 2026-04-09

Prabhat Kumar Singh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1566 of 2026 Arising Out of PS. Case No.-679 Year-2024 Thana- GAYA COMPLAINT CASE District- Gaya ====================================================== 1. Gariban Choudhary S/O Late Kishori Pasi R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 2. Santosh Choudhary @ Sadhu S/O Gariban Chaudhary R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 3. Bablu Choudhary @ Bablu Kumar S/O Gariban Chaudhary R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 4. Arvind Choudhary @ Arvind Kumar S/O Gariban Chaudhary R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 5. Luxmi Devi @ Lakshmi Devi W/O Gariban Chaudhary R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 6. Nitu Kumari W/O Santosh Chaudhary @ Sadhu R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. 7. Punam Kumari @ Poonam Kumari W/O Bablu Choudhary @ Bablu Kumar R/O Village- Mastpura, P.S- Bodhgaya, Distt.- Gayaji, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar 2. Rajesh Kumar S/O Late Lakshmi Narayan R/O Village- New Godown Lane, P.S- Kotwali, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Ms. Mukul Kumari, Advocate For the State : Mr. Tarun Prasad Mandal, APP For Opposite Party No. 2: Mr. Durgesh Nanda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 09-04-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2. 2. The petitioners apprehend their arrest in a Patna High Court CR. MISC. No.1566 of 2026(3) dt.09-04-2026 2/3 complaint case registered for the offence punishable under Sections 457, 380, 147, 148, 149, 386, 341, 323, 109, 113, 504 and 506 of the Indian Penal Code. 3. As per complaint petition, all the named accused persons, including these petitioners, forcibly took possession over the ancestral house of the complainant, demanded Rs. 5 lacs ransom and threatened to sell the house. It is further alleged that the accused persons also looted household articles, utensils, etc. worth Rs. 30,000/-. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of long standing land dispute between the parties, petitioners have falsely been implicated in this case. It is further submitted that the earlier three cases in which the petitioners have been made an accused have also been lodged by the same complainant. 5. On the other hand, learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and the land in question was decreed in favour of the complainant/Opposite Party No. 2 vide Eviction Suit No. 16 of Patna High Court CR. MISC. No.1566 of 2026(3) dt.09-04-2026 3/3 1998/01 of 1995 and the execution process ha also been completed and thereafter, these petitioners forcibly tried to take possession over the land in question. Petitioners have got three criminal antecedents of similar nature. 6. Considering the facts and circumstances of the case, specific and direct nature of accusation and criminal antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is rejected. shashank/- (Prabhat Kumar Singh, J) U T