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Patna High Court

Sudhir Kumar @ Sudhir ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.77448 of 2025(2) dt.16-02-2026
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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
             Patna High Court CR. MISC. No.77448 of 2025(2) dt.16-02-2026
                                                         3/3




                       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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