Patna High Court
Paras Chaudhary @ Parasnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that anticipatory bail may be granted as the sole material is the minor’s disclosure and no other evidence links the petitioner to the offence, subject to stringent conditions.
Summary
The petitioner, Paras Chaudhary, was implicated in an arms case (PS Mirganj Case No. 350 of 2025) for alleged possession of a country-made pistol and three live cartridges, alleged under Sections 25(1‑b)a, 26 and 35 of the Arms Act. The only material linking him to the offence was a statement by a minor co‑accused, Sachin Kumar, who claimed the petitioner had supplied the arms; no other evidence was found. The petitioner applied for anticipatory bail, asserting innocence, while the State opposed on the ground of the petitioner’s fourteen other pending cases, though he was already on bail in those matters. The Court considered that the disclosure by the minor was the sole basis for the accusation and, in the absence of further incriminating material, granted anticipatory bail subject to strict conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The bail order required a bond of Rs. 10,000 with two sureties, cooperation with the trial, physical presence in court, and provisions for cancellation if evidence was tampered with or criminal antecedents were concealed.
Issues considered
- Whether anticipatory bail should be granted when the only incriminating material is a statement of a minor co‑accused.
- Whether the petitioner’s other pending criminal cases preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 438 CrPC and Section 482 BNSS, 2023 are appropriate for the bail order.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- Section 438 CrPC
- Section 482 BNSS
- minor co‑accused
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87348 of 2025
Arising Out of PS. Case No.-350 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Paras Chaudhary @ Parasnath Yadav S/o Kashinath Chaudhary R/o Village-
Balesara, Jalulehatta, P.S.- Uchkagaon, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Vyas Kumar Mishra, learned counsel for
the petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Mirganj P.S. Case No. 350 of 2025, F.I.R. dated
29.06.2025 registered for the offences punishable under
Sections 25(1-b)a, 26, 35 of the Arms Act.
3. The case relates to recovery of one country made
pistol and three live cartridges.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the recovery has been
made from co-accused person namely Sachin Kumar who has
disclosed that the petitioner has given the arms in question to
the apprehended person. Learned counsel for the petitioner
Patna High Court CR. MISC. No.87348 of 2025(2) dt.09-01-2026
2/3
submits that except the disclosure made by apprehended co-
accused person (who is minor), no other cogent material has
come during investigation to suggest the involvement of the
petitioner in the present occurrence.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner and submits that the
petitioner carries fourteen more cases other than the present one
but fairly submits on the basis of paragraph-3 of the bail petition
that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstance
of the case and the fact that the name of the petitioner has been
transpired on the basis of disclosure made by apprehended co-
accused person (who is minor), let the petitioner, above named,
in the event of his arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gopalganj in connection with Mirganj P.S. Case No. 350 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/ Section 482(2) of
BNSS, 2023 and with other following conditions :-
Patna High Court CR. MISC. No.87348 of 2025(2) dt.09-01-2026
3/3
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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