Kishori Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33004 of 2026 Arising Out of PS. Case No.-501 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
Kishori Chauhan S/o Dawarika Chauhan Resident of Village- Pindpraba, P.S.- Pakribrawan, District- Nawada 2.
Kamlesh Chauhan S/o Somar Chauhan Resident of Village- Pindpraba, P.S.- Pakribrawan, District- Nawada 3.
Chandan Chauhan @ Chandan Kumar S/o Kishori Chauhan Resident of Village- Pindpraba, P.S.- Pakribrawan, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Pakribrawan P.S. Case No.501 of 2025 under Sections 115(2), 117(2), 126(2), 109, 351(3), 352, 190 and 191(3) of the BNS, 2023, which is pending before the court of ACJM-IInd, Nawada.
3. As per the prosecution, the FIR has been lodged against nine named accused persons including the petitioners with allegation that the accused persons reached on the land of the informant and forcefully started putting pillar. Upon oppose,
Patna High Court CR. MISC. No.33004 of 2026(2) dt.13-05-2026 2/3 they assaulted the informant and his relatives due to which injury has been caused.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the land dispute is admitted in the FIR and for the said land, Title Suit No.602 of 2024 is pending, but even then, the petitioners were putting pillar due to which the dispute has arisen.
5. Counsel also submits that antecedent of the petitioners is clean. He further submits that entire family has been made accused in this case and there is specific allegation against some of the accused persons, but ingredients of section 109 of the BNS are not there.
6. Learned APP for the State opposes the prayer for bail and submits that there is specific allegation of assault against the petitioners due to which grievous injury has been caused. In the rejection order, observance of the case diary has been recorded.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.
Patna High Court CR. MISC. No.33004 of 2026(2) dt.13-05-2026 3/3
8. However, trial court is directed to consider the regular bail application of the petitioners, if they surrender within four weeks and pray for regular bail, then trial court shall pass order on merit, without being prejudice of the present order.
(Dr. Anshuman, J) Prakashmani/- U T