Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 7652 (PAT)

Kaushal Chaudhary @ Kaushal Kumar Choudhary v. The State of Bihar

CR. MISC./8849/2026 · 2026-02-26

Anil Kumar Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8849 of 2026 Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== Kaushal Chaudhary @ Kaushal Kumar Choudhary S/o Ashok Chaudhary @ Suryanarayan Choudhary R/o Village- Kusmaul, PS- Rajnagar, Distt- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brajesh Sahay Ms. Vandana Rani Ms. Rupa Sinha For the Opposite Party/s : Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 26-02-2026 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Rajnagar Police Station Case No. 442 of 2025, dated 10.10.2025, disclosing offences punishable under Sections 310 (4)/310(5)/111(2)(b)/111(3)/111(4) of the Bhartiya Nyaya Sanhita, 2023, Sections 25(1-b)a/26/35 of the Arms Act and Sections 8(c)/21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The prosecution case, as per the First Information Report, is that on 10.10.2025, the police, during patrolling, saw five motorcycles coming from Rampati Hat Chowk and signalled them to stop, but some persons on two Patna High Court CR. MISC. No.8849 of 2026(2) dt.26-02-2026 2/3 motorcycles fled away, however, the police apprehended five accused persons, along with three motorcycles. On search, the police recovered two pistols with live cartridges and 95.91 gms. brown sugar from the possession of the arrested co-accused persons. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the name of the petitioner transpired in this case on the basis of the confessional statement of co-accused Md. Neyaz Ahmad, who has disclosed that he, along with the petitioner and other co-accused persons were indulged in the criminal activities and on the date of occurrence, he, the petitioner and other accused persons were going to commit dacoity. 5. I have heard learned counsel for the parties and have perused the material available on record, including the impugned order. 6. From perusal of the impugned order, it transpires that the petitioner was in contact with the arrested accused persons and co-accused Md. Neyaz Ahmad, in his confessional statement, has disclosed the active Patna High Court CR. MISC. No.8849 of 2026(2) dt.26-02-2026 3/3 involvement of the petitioner. 7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Principle Sessions Judge, Madhubani, inasmuch as the case is under investigation, wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of investigation. As such, I am not inclined to grant anticipatory bail to the petitioner. 8. This application is, accordingly, dismissed. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √