Patna High Court
Sanjay Chaudhary @ Baiju ChoudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sanjay Chaudhary, was arrested on 3 February 2026 in connection with FIR dated 31 August 2025 for offences under Sections 25(1‑Ba), 26 and 3(5) of the Bharatiya Nyay Sanhita, 2023. Police recovered three pistols and three live cartridges from the house where the petitioner resided, although he claimed he was not the absolute owner of the premises. The petitioner pleaded innocence and applied for bail, arguing that the recovery was unrelated to him and that he had been in judicial custody for several months. The State, represented by an Assistant Public Prosecutor, opposed bail, emphasizing the recovery of firearms and the mandatory compliance of Section 103 of the Bharatiya Nyay Sanhita. After considering the material on record, the Court declined to grant bail, holding that the circumstances did not warrant release. Consequently, the petitioner's prayer for bail was refused.
Issues considered
- Whether bail should be granted to the petitioner under the offences charged under the Bharatiya Nyay Sanhita, 2023
- Whether the recovery of firearms from the petitioner’s residence and the mandatory provisions of Section 103 justify denial of bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 25(1‑Ba), 26, 3(5)
Subjects
- bail
- criminal procedure
- firearms possession
- Section 103
- Bharatiya Nyay Sanhita
- judicial custody
- mandatory provisions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29473 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Sanjay Chaudhary @ Baiju Choudhary S/o Rohit Chaudhary R/o vill -
Khanda, P.S. - Sasaram (M), Distt.- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Chhote Lal Mishra, learned counsel for
the petitioner and Mr. Tarun Prasad Mandal, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
03.02.2026 in connection with Sasaram (Muffasil) P.S. Case No.
287 of 2025, FIR dated 31.08.2025 registered for the offence
under Section 25(1-B)a, 26, 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to the prosecution case, police
recovered three pistol and three live cartridges from the house of
the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. Although recovery has been made from
Patna High Court CR. MISC. No.29473 of 2026(2) dt.04-05-2026
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the house of the petitioner but petitioner is not the absolute
owner of the house in question and the petitioner is rotting in
judicial custody since 03.02.2026.
5. Learned A.P.P. for the State on the basis of
material available on record has vehemently opposed the prayer
for bail of the petitioner and submits that three pistol and three
live cartridges were recovered from the house of the petitioner
and there is compliance of mandatory provisions of Section 103
of BNSS.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Sasaram (Muffasil) P.S. Case No. 287 of 2025
pending in the Court of Chief Judicial Magistrate, Rohtas,
Sasaram.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
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