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Patna High CourtCR. MISC./25898/2026allowed

Santosh Choudhary v. The State Of Bihar

2026-06-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25898 of 2026 Arising Out of PS. Case No.-232 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Santosh Choudhary S/o Shankar Choudhary R/o Village- Bhatgama, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered under Sections 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, during course of patrolling, informant along with police personnel reached at Kanhauli Mallik Tole village, where they saw that one person on motorcycle, after seeing the police, turned his motorcycle and fell down due to which country made pistol dropped from his waist. Thereafter, the accused person managed to flee away from the place of occurrence after leaving his motorcycle.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. During the course of investigation, his name is transpired only on the statement that he was using the motorcycle in question.

Patna High Court CR. MISC. No.25898 of 2026(3) dt.17-06-2026 2/2 Further submission is that petitioner has no concern with the seized arms and nothing has been recovered from the conscious possession of the petitioner. Petitioner is a young boy, aged about, 19 years having no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, submissions of learned counsel for the parties, clean antecedent of the petitioner and his young age and also the fact that there is no recovery from the conscious possession of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Madhubani in connection with Khajauli P.S. Case No. 232 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. (Sunil Dutta Mishra, J) utkarsh/-koustav U T