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Patna High Court

Sujeet Kumar Chaudhary @ SanjeetversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the petitioner’s clean antecedent and the nature of the allegations, anticipatory bail should be granted subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Sujeet Kumar Chaudhary, applied for anticipatory bail in a case registered under Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act, alleging that he was falsely implicated by an informant for an alleged assault and firing incident on 19‑04‑2024. The petitioner’s counsel highlighted his clean antecedent and argued that the allegations were vague and omnibus. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, noted the petitioner’s clean record and the possibility of his cooperation with the investigation. It ordered that, if arrested or surrendered within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the CrPC. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Arms Act involving alleged assault and firing.
  • Whether the petitioner’s clean antecedent and claim of false implication justify the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the CrPC may be imposed on the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • false implication
  • clean antecedent
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40604 of 2026
                     Arising Out of PS. Case No.-92 Year-2024 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Sujeet Kumar Chaudhary @ Sanjeet S/o Bipin Kumar Chaudhary @ Vipin
                 Choudhary Resident of village - Shahpur, PS- Bibhutipur, district- Samastipur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raja Ram Mishra, Adv.
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P., Mr. Rabindra Kumar for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 25(1-B)(a),

                   26, 27 and 35 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 19.04.2024 at 10:00 PM, the named accused

                   persons including the petitioner came along with 10-15 unknown

                   accused and started assaulting his mother and villagers and even

                   fired and damaged the motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant, it is further submitted that allegation of assault and

                   firing is general and omnibus in nature. It is further submitted that
               Patna High Court CR. MISC. No.40604 of 2026(2) dt.06-07-2026
                                                           2/2




                         Sumit Kumar had approached this Court seeking anticipatory bail

                         by filing Criminal Miscellaneous No. 7593 of 2026 and the same

                         came to be allowed by an order dated 04.02.2026 passed by a

                         learned Coordinate Bench. It is further submitted that if privilege

                         of anticipatory bail is granted, the petitioner will not abscond

                         rather will cooperate in the investigation to prove his innocence.

                                      5. Learned A.P.P., Mr. Rabindra Kumar for the State

                         opposes the anticipatory bail application of the petitioner.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner and also taking into consideration, the

                         fact that petitioner is a person with clean antecedent, the petitioner

                         above-named, in the event of his arrest or surrender within a

                         period of six weeks from today, be released on anticipatory bail on

                         furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned trial court where the case is pending/successor court in

                         connection with Ujiyarpur P.S. Case No. 92 of 2024 subject to the

                         conditions as laid down under Section 482 (2) of BNSS.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
rajesh/-

U          T


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