Lakshmi Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7783 of 2026 Arising Out of PS. Case No.-257 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1 .
Lakshmi Chouhan S/O Late Chalittar Chouhan R/O Village- Dalan, P.SMuffasil, Dist.- Katihar. 2.
Dilip Chouhan S/O Late Panna Lal Chouhan R/O Village- Dalan, P.SMuffasil, Dist.- Katihar. ... ... Petitioner/s
Versus
1 .
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad , Advocate For the Opposite Party/s :
Ms. Sharda Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State .
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 117(2), 109(1), 132, 121(2), 352, 3(5) of the B.N.S..
3 . The allegation in the First Information Report is that on account of some mob violence, the informant, who is a police personnel, was assaulted by one Jai Prakash Chouhan, who is the person from military and all the accused persons including the present petitioners along with 8-10 unknown persons pushed the informant and others while Jai Prakash
Patna High Court CR. MISC. No.7783 of 2026(2) dt.19-02-2026 2/3 Chouhan made the main attack .
4. Learned counsel for the petitioners submits that from bare perusal of the First Information Report it is apparent that the incident took place out of a mob mentality and the main allegation has been attributed to one Jai Prakash Chouhan, who is person from military . Petitioners are all family members of one family, have been made an accused on account of the fact that they are relative of the main accused Jai Prakash Chouhan. It is further submitted that the F.I.R. has been lodged after delay of three days and as a matter of fact, co-accused Mamta Kumari had also lodged a complaint case bearing Complaint Case No.2064/2025 against the informant and police personnel. It has also been submitted that the injury suffered by the informant is only attributable to Jai Prakash Chouhan and not to these petitioners. Similarly situated co-accused persons have already been granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 04.02.2026 in Cr. Misc. No. 7558 of 2026 . Petitioners claim clean antecedent.
5 . Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and
Patna High Court CR. MISC. No.7783 of 2026(2) dt.19-02-2026 3/3 circumstances and considering the fact that the petitioners are all family members of the family of the main accused Jai Prakash Chouhan with no specific allegation of assault upon them, clean antecedent of these petitioners and other circumstances of the case , let the above named petitioners, be enlarged on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned JM 1st Class Katihar in connection with Mufassil P.S. Case No. 257 of 2025 , subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T