Patna High Court

Sanjeev Choudhary @ Sanjeev Kumar ChoudharyversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under Sections 2(1)(d) and 482(2) of the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioner, Sanjeev Choudhary, sought anticipatory bail after an FIR was lodged against him under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act, alleging that he and others entered a shop, demanded wine, assaulted the informant and stole Rs.66,000. The petitioner claimed innocence, asserting that the informant, his tenant, fabricated the complaint over a petty dispute. The State opposed the bail, emphasizing the seriousness of the offences. The Court examined the allegations, the petitioner’s clean record, and the possibility of false prosecution. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and comply with conditions under Sections 2(1)(d) and 482(2) of the BNS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged offences.
Whether the allegations in the FIR constitute a false or fabricated case warranting bail.

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 27, 35
Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
criminal procedure
Bhartiya Nyaya Sanhita
Arms Act
false FIR
robbery
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15800 of 2026
                       Arising Out of PS. Case No.-16 Year-2026 Thana- AMARPUR District- Banka
                 ======================================================
                 Sanjeev Choudhary @ Sanjeev Kumar Choudhary S/o- Kampani Choudhary
                 Village- Kaushalpur, Ps- Amarpur, District- Banka
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Amarpur P.S. Case No. 16 of 2026, dated 05.01.2026,

                   lodged under Sections 126(2), 115(2), 109(1), 303(2), 352,

                   351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023

                   (hereinafter referred to as “BNS, 2023”) & under Sections 25(1-

                   b)(a), 26, 27 and 35 of the Arms Act.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons, including the present petitioner,

                   alleging that they entered the shop of the informant and sought

                   permission to consume wine. Upon being opposed, they abused,

                   assaulted, and snatched ₹66,000/- from the cash counter.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that the criminal antecedent of the petitioner is clean.
         Patna High Court CR. MISC. No.15800 of 2026(2) dt.25-03-2026
                                                     2/2




                   He further submits that, from the contents of the FIR, it

                   becomes crystal clear that the informant is the tenant of the

                   petitioner, and on a small petty dispute, with a view to teach a

                   lesson, the informant has lodged a false and concocted case with

                   a fabricated story against the petitioner. Counsel also submits

                   that the petitioner is ready to fulfil all the conditions whatsoever

                   that may be imposed upon him.

                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, in the present facts and circumstances of

                   this case, let the above named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before the

                   Trial Court within a period of 4 weeks from today, on furnishing

                   bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                   mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                   satisfaction of C.J.M., Banka, in connection with Amarpur P.S.

                   Case No. 16 of 2026, subject to the conditions as laid down U/s

                   482(2) of the BNSS, 2023.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U

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