Patna High Court
Badal ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
- NDPS Act — s. 20(b)(ii)B, 8
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/-
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