Patna High Court
Kaushal Choudhary @ Anurudh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Kaushal Choudhary, applied for anticipatory bail after an FIR was lodged for an alleged robbery of documents under Section 310(2) of the Bharatiya Nyaya Sanhita. The FIR described nine unknown miscreants intercepting a motorcycle and seizing driving licences, Aadhaar cards and other valuables; the petitioner’s name emerged during investigation despite not being named in the FIR. The petitioner claimed innocence and argued that the accusation was based only on suspicion, though he has two prior similar criminal antecedents. The court examined the seriousness of the alleged offence, the petitioner’s prior record, and the fact that the charge was founded on suspicion. Concluding that the nature of the accusation and the petitioner’s antecedents warranted denial of bail, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 310(2) of the Bharatiya Nyaya Sanhita given the nature of the accusation and his prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 310
- criminal antecedents
- robbery
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91539 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- HALAI District- Samastipur
======================================================
Kaushal Choudhary @ Anurudh Kumar S/O Fulo Choudhary @ Ful Kumar
Choudhary R/o Village- Bhadaiya, P.S- Mohiuddin Nagar, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offence punishable under Section 310(2) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., nine unknown miscreants riding on
three motorcycles intercepted motorcycle of informant and his
friend on the point of pistol, while they were returning from a
birthday party and snatched their Driving License, Aadhaar
Cards and other valuable documents. Name of the petitioner
transpired during course of investigation and he has got two
criminal antecedents of similar nature.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.91539 of 2025(2) dt.19-01-2026
2/2
is not named in the F.I.R. and he has been made accused only on
suspicion.
5. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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