Patna High Court
Ashok ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Ashok Chaudhary was arrested in Siwan for alleged offences under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26 and 25(1‑B)a of the Arms Act after a police check‑point operation on 8 October 2025. The police claimed he attempted to flee on a motorcycle, recovered a country‑made loaded pistol and a motorcycle without valid documents, and that he confessed the motorcycle was stolen. The petitioner, claiming false implication, argued that no stolen article was found in his conscious possession and that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail. Considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered his release on bail with a bond of Rs 15,000 and two sureties, subject to conditions of appearance and surety qualifications.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26 and 25(1‑B)a of the Arms Act.
- Whether the alleged recovery of a pistol and a stolen motorcycle justifies denial of bail.
- Whether non‑compliance with Section 103 of the BNSS is a ground to refuse bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- police seizure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90662 of 2025
Arising Out of PS. Case No.-713 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Ashok Chaudhary S/o Late Rajaram Chaudhary @ Rajaram Yadav R/o vill -
Banjariya, P.S.- Siwan Muffasil, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Siwan
(Muffasil) P.S. Case No. 713 of 2025 instituted for the offence
under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 26 & 25(1-B)a of the Arms Act.
3. As per the prosecution case, on 08.10.2025 at about
6:30 PM, during a vehicle checking operation, the petitioner
attempted to flee on a motorcycle but was apprehended by the
police, whereupon a country-made loaded pistol and a
motorcycle without valid documents were allegedly recovered
from his conscious possession, and the petitioner is stated to
have confessed that the motorcycle was a stolen article.
Patna High Court CR. MISC. No.90662 of 2025(4) dt.13-01-2026
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4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 09.10.2025. Petitioner
bears two criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that no stolen
article was recovered from the conscious possession of the
petitioner. It is next submitted that petitioner has got no concern
with the alleged recovered arms or motorcycle. There is no
compliance of Section 103 of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Siwan (Muffasil) P.S.
Case No. 713 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.90662 of 2025(4) dt.13-01-2026
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family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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