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Patna High Court

Sanatan ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 118(1)(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 482(2)

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
                                            2/3




          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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