Sanjay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51072 of 2025 Arising Out of PS. Case No.-849 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Sanjay Chaudhary Son of Rajendra Chaudhary Resident of Taregana Mushahari, P.S.- Masaurhi, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Barun Prasad, Adv For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable u/s 8(c) and 21(a) of the N.D.P.S. Act.
3. As per the prosecution case, the police, on secret information, apprehended two persons who disclosed their name as Rahul Tikulihar and Radhe Kumar and they further disclosed the name of their accomplice as Sonu Kumar and Sanjay Chaudhary (petitioner). On search, total 2.6 grams of brown sugar was recovered from the possession of Rahul Tikulihar and one weighing machine was recovered from the possession of Radhe Kumar.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.51072 of 2025(2) dt.11-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the said recovered narcotic substance. It is lastly submitted that the petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and also considering the fact that the petitioner has clean antecedent, let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Masaurhi P.S. Case No. 849 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two
Patna High Court CR. MISC. No.51072 of 2025(2) dt.11-08-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
(v) The learned 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 the same or in the name of verification.
7. This application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T