Patna High Court
Anil ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted if the petitioner is not likely to abscond and agrees to cooperate with the investigation, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Anil Chaudhary, sought anticipatory bail fearing arrest in a case involving multiple offences under the B.N.S. Act and Section 27 of the Arms Act. He alleged that he was falsely implicated based on the testimony of a chawkidar, despite having nine prior cases, and claimed he would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the charges. The Court considered the petitioner's claim of false implication, his willingness to cooperate, and the risk of absconding. It granted anticipatory bail subject to a bond of Rs.25,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, with a provision for cancellation if he fails to cooperate. The order also specified that one bailor would be the petitioner's nephew.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the serious charges and alleged false implication.
- Whether the petitioner is likely to abscond or tamper with evidence.
- Whether the petitioner’s cooperation with the investigation can be assured as a condition for bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. Act — s. 109, 115(2), 118(1)(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- B.N.S. offences
- Arms Act
- Criminal Procedure Code
- bail conditions
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84964 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- Mufassil District- Khagaria
======================================================
Anil Chaudhary Son of Late Ramprikshan Choudhary Resident of Village -
Jai Prakash Nagar, Police Station - Khagaria, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 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 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 nine cases and the informant alleges
that informant was informed by the S.H.O. that firing is being
resorted to in between two groups at Naya Tola Rahimpur
Diyara on account of land dispute, 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 disclosed the name
of the accused persons, who fled away, including the petitioner.
Patna High Court CR. MISC. No.84964 of 2025(2) dt.17-02-2026
2/3
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 nine 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 criminal cases, the police start implicating
mechanically without holding a proper investigation of the case.
It is next submitted that 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
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
Patna High Court CR. MISC. No.84964 of 2025(2) dt.17-02-2026
3/3
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 438(2) of
the Cr.P.C./482(2) of the BNSS.
7. One of the bailors of the petitioner shall be his
nephew, namely, Ritu Raj Kumar.
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.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…