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Patna High Court

Badal ChaubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail and ordered his release on bail.

Summary

Badal Chaubey was arrested in connection with a case registered under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, sections of the Arms Act and the NDPS Act. Only two live cartridges were recovered from his possession and no firearm, while a large quantity of ganja was seized from a co‑accused, Guddu Kumar Yadav. The petitioner, having been in custody since 24‑08‑2025, filed a regular bail application. The State opposed the bail, but the court noted the minimal evidence against the petitioner, the recovery of narcotics from the co‑accused, the petitioner’s young age and the completion of investigation. Consequently, the court granted bail on a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act
  • Whether the recovery of narcotics from a co‑accused affects the bail application

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms possession
  • narcotic drugs and psychotropic substances
  • investigation completed
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86801 of 2025
                      Arising Out of PS. Case No.-418 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Badal Chaubey S/o- Anil Chaubey Resident of Village - Sahlauwar Sahlaur,
                 P.S. - Sarai, Pachrukhi, District - Siwan
                                                                           ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Bijay Prakash Singh, Advocate
                 For the State           :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                     Heard Mr. Bijay Prakash Singh, learned counsel for

                   the Petitioner and Mr. Suresh Prasad Singh, learned APP for the

                   State.

                                  2. Petitioner seeks regular bail in connection with

                   Daraunda P.S. Case No. 418 of 2025 dated 23.08.2025

                   registered for the offences punishable under Sections 310(4) and

                   310(5) of Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a),

                   26 and 35 of the Arms Act and Sections 8, 20(b)(ii)B of the

                   NDPS Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner has been languishing in jail since

                   24.08.2025, only two live cartridges are alleged to have been

                   recovered from the person of this petitioner, though the instant

                   matter also relates to the recovery of 01.700 Kg Ganja like

                   substance but the same is alleged to have been recovered from
           Patna High Court CR. MISC. No.86801 of 2025(2) dt.09-01-2026
                                                       2/2




                     the possession of co-accused namely, Guddu Kumar Yadav and

                     not from the petitioner and against him, investigation has been

                     completed.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. In the facts and circumstances of this case and

                     considering the aforesaid submissions and averments made by

                     the petitioner in this petition, coupled with this fact that only two

                     live cartridges are alleged to have been recovered from the

                     possession of this petitioner without any pistol, revolver or gun

                     and the alleged narcotic contraband is said to have been

                     recovered from the physical possession of the co-accused and

                     also taking into account the young age of the petitioner, his

                     custody period and the completion of investigation against him,

                     this Court is inclined to release him on bail. Accordingly, let the

                     petitioner named-above be released on bail on furnishing bail

                     bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the

                     concerned Court in connection with Daraunda P.S. Case No. 418

                     of 2025.


                                               (Shailendra Singh, J)
maynaz/-
U     T


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