Patna High Court
Sanatan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Sanatan Choudhary, sought anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. and Section 27 of the Arms Act. The FIR stemmed from a land‑related dispute where two groups allegedly fired at each other; the police apprehended two individuals who, through a watchman (chawkidar), disclosed the petitioner's name. The petitioner contended that the informant falsely implicated him, despite having seven prior cases, and argued that the watchman's precise identification was implausible. The State opposed the bail, asserting sufficient grounds for arrest. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.25,000 with two sureties, the petitioner’s father as one bailor, and conditions under Section 482(2) of the B.N.S., including possible cancellation for non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the allegations in the FIR constitute sufficient ground for arrest.
- Whether the petitioner is likely to abscond or tamper with evidence.
Legislation cited
Subjects
- anticipatory bail
- false implication
- land dispute
- criminal procedure
- Section 482
- bail conditions
- Arms Act
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78393 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- Mufassil District- Khagaria
======================================================
Sanatan Choudhary S/o Mahesh Chaudhary R/o Village- Rahimpur
(Charkhutti), P.S.- Muffassil, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Smita Shreeyash
For the Opposite Party/s : Mr. Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-04-2026 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 offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1)(2), 109, 352, 351(2) and
351(3) of B.N.S. as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases and the informant
alleges that he received an information on 23.04.2025 at 8.45
A.M. that two groups at Rahimpur Diyara on account of dispute
relating to land are firing against each other, accordingly, the
informant reached the place of occurrence and on seeing the
police force, the accused persons fled away but Babish Kumar
and Dinesh Tanti were apprehended and the Chawkidar
Patna High Court CR. MISC. No.78393 of 2025(3) dt.24-04-2026
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disclosed the name of the accused persons, who fled away,
including the petitioner.
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 Babish Kumar and Dinesh
Tanti were apprehended but then they did not disclose the name
of the petitioner, rather the name of the petitioner was disclosed
at the instance of the Chawkidar. It is next submitted that no
doubt, petitioner has antecedent of seven cases but then the
nature of allegation as alleged in the FIR is also to be
appreciated. It is also submitted that it does not appear probable
that the Chawkidar with such precision could have named 18
accused persons. It is further submitted that once an accused is
implicated in a criminal cases, the police start implicating
mechanically without holding a proper investigation. It is next
submitted that if privilege of anticipatory bail is granted,
petitioner will not abscond rather will cooperate 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, the petitioner above-named, in the
Patna High Court CR. MISC. No.78393 of 2025(3) dt.24-04-2026
3/3
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.25,000/- (Rupees Twenty Five 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 Khagaria Muffasil P.S. Case No. 58 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. One of the bailors of the petitioner shall be his
father, namely, Mahesh Chaudhary.
8. However, it is made clear that if the Investigating
Officer of the case files an application before the learned trial
court bringing to its notice that petitioner despite giving
assurance to this Court is not cooperating in the investigation in
that event the learned trial court shall be at liberty to cancel the
bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned
P.S. through learned trial court.
(Satyavrat Verma, J)
amit/-
U T
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