Patna High Court
Santosh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
Santosh Choudhary, a 19‑year‑old resident of Madhubani, sought bail after the police alleged his involvement in an incident where a pistol was dropped from a motorcycle rider who fled the scene. The FIR did not name him, and the prosecution’s case was based only on a statement that he had been using the motorcycle. The petitioner had no criminal record, no arms were recovered from his possession, and he pledged cooperation with the investigation. The State opposed bail, but the court considered his clean antecedents, lack of direct evidence, and young age. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act when he is not named in the FIR and no arms were found in his possession
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- Arms Act
- criminal procedure
- young offender
- no possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25898 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Santosh Choudhary S/o Shankar Choudhary R/o Village- Bhatgama, P.S.-
Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 25(1-B)(a) and 26 of the Arms Act.
3. As per the prosecution case, during course of
patrolling, informant along with police personnel reached at
Kanhauli Mallik Tole village, where they saw that one person on
motorcycle, after seeing the police, turned his motorcycle and
fell down due to which country made pistol dropped from his
waist. Thereafter, the accused person managed to flee away
from the place of occurrence after leaving his motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is not named in the F.I.R.
During the course of investigation, his name is transpired only
on the statement that he was using the motorcycle in question.
Patna High Court CR. MISC. No.25898 of 2026(3) dt.17-06-2026
2/2
Further submission is that petitioner has no concern with the
seized arms and nothing has been recovered from the conscious
possession of the petitioner. Petitioner is a young boy, aged
about, 19 years having no criminal antecedent and he undertakes
to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, clean
antecedent of the petitioner and his young age and also the fact
that there is no recovery from the conscious possession of the
petitioner, let the above named petitioner be released on bail, in
the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-I, Madhubani in connection with Khajauli P.S. Case
No. 232 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-koustav
U T
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