Patna High Court
Sudhir Kumar @ Sudhir ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions, under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioner, Sudhir Kumar, sought anticipatory bail fearing arrest in a case registered under Section 309(4) of the Bihar Narcotic Substances Act, 2023. He alleged that he was falsely implicated, stating that the informant who lodged the FIR was a co‑villager and that the FIR named no one, despite the informant’s knowledge of the petitioner. The petitioner further contended that the stolen motorcycle was recovered after a payment and that the police seizure list showed the vehicle was already in police custody, indicating no involvement on his part. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and cooperate with the investigation, with a provision to cancel bail if he fails to cooperate. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Narcotic Substances Act in a case under Section 309(4).
- Whether the petitioner’s alleged false implication and cooperation with the investigation affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- anticipatory bail
- false implication
- Section 309
- Section 482
- Bihar Narcotic Substances Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77448 of 2025
Arising Out of PS. Case No.-277 Year-2024 Thana- AMAS District- Gaya
======================================================
Sudhir Kumar @ Sudhir Chaudhary S/O Naresh Chaudhary R/O Village-
Gulni, P.S.- Gurua, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Adv.
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 309(4) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
the informant alleges that on 17.08.2024, while he was going
home from Sherghati on his motorcycle, when he was
intercepted by three unknown miscreants, who looted his
motorcycle and mobile on point of pistol.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case during
the course of investigation. It is further submitted that informant
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and petitioner are co-villagers and are known to each other. It is
also submitted that address of the petitioner and informant is
same. It is next submitted that had the petitioner been involved
in the occurrence in that event the informant would have named
the petitioner in the FIR but then the FIR was instituted against
unknown. It is further submitted that three days after the
occurrence, the motorcycle was recovered after payment of
Rs.10,000/- based on mediation made by the accused persons
including the petitioner. It is further submitted that from perusal
of the seizure list, it would manifest that the motorcycle which
is alleged to have been snatched by the accused persons was
seized by the police. It is also submitted that petitioner will not
abscond rather will co-operate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let 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
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court where the case is pending/Successor Court in connection
with Amas P.S. Case No. 277 of 2024, subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. However, if the investigating officer of the case
files an application before the learned trial court bringing to its
notice that the petitioner despite giving assurance to this Court
is not cooperating in the investigation, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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