Patna High Court
Dhanu chaudhary @ Narendra yadav @ Dhanu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Dhanu Chaudhary, sought anticipatory bail fearing arrest in a case (PS Kateya No.242/2025) alleging offences under several sections of the Bihar Narcotic Substances (B.N.S.) Act and Section 27 of the Arms Act. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence, asserting that another individual, Rajan Chaudhary, was the actual assailant, though the petitioner has one prior criminal antecedent. The State opposed the bail, arguing the seriousness of the charges. The High Court examined the applicability of Section 438(2) of the Code of Criminal Procedure and Section 482 of the B.N.S. Act, and considered the petitioner’s antecedent and the nature of the allegations. The Court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear before the Additional Chief Judicial Magistrate‑VI, Gopalganj within four weeks, subject to the usual conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences and his prior criminal antecedent?
Legislation cited
- Arms Act — s. 27
- B.N.S. Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- B.N.S. Act
- Arms Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57351 of 2025
Arising Out of PS. Case No.-242 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Dhanu chaudhary @ Narendra yadav @ Dhanu Yadav S/o Ramashray
Chaudhary R/o Vllage - Kukurbhuka, P.S. - Kateya, Dist. - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Kateya P.S. Case No. 242 of 2025 registered for
the offence under Sections 126, 115(2), 109, 352, 351(1), 3(5)
of B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, petitioner is alleged
to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
is the not the assailant of the victim rather one Rajan Chaudhary
has assaulted the victim. Petitioner has one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.57351 of 2025(5) dt.20-02-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned court of
Additional Chief Judicial Magistrate-VI, Gopalganj/ concerned
Court below in connection with Kateya P.S. Case No. 242 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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