Patna High Court
Harendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order denying bail is set aside, bail is granted, and the two trials are to be consolidated before the same judge.
Summary
The appellant Harendra Choudhary was charged under several IPC provisions, the SC/ST (Prevention of Atrocities) Act and the Arms Act for the murder of an informant. Two FIRs (Udwantnagar PS Case No. 286/2024 and Case No. 287/2024) were lodged for the same incident, the latter leading to a bail denial by the Special Judge. The appellant contended that the second FIR was filed to harass him, citing that the first FIR already identified other accused who had been apprehended. The High Court held that the second FIR was unnecessary and that both trials should be conducted together, granting bail to the appellant and setting aside the earlier order denying bail. The court also directed the transfer of both cases to a single trial judge.
Issues considered
- Whether the registration of a second FIR for the same occurrence is permissible.
- Whether bail should be granted to the appellant despite the pending charges under IPC, SC/ST Act and Arms Act.
- Whether the trials arising from the two FIRs should be consolidated before a single judge.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(2), 109(1), 115(2), 126(2), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- double FIR
- consolidation of trials
- SC/ST Act
- murder
- criminal procedure
- scheduled castes
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1510 of 2026
Arising Out of PS. Case No.-287 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Harendra Choudhary S/O Ramayan Choudhary R/O Vill.- Keshopur Bakari,
P.S-Udwantnagar Dist- Bhojpur at Arrah
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Nitish Kumar S/O Late Sita Ram Rajak R/O Vill.- Keshopur Bakari, P.S-
Udwantnagar Dist- Bhojpur at Arrah
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bindhyachal Singh Sr. Advocate
Mr. Vipin Kumar Singh, Advocate
Mr. Aakash Singh, Advocate
For the State : Mr. Sadanand Paswan, Spl. PP
For The Res No. 2 : Mr. Parmatma Singh
Mr. Yashwant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-07-2026 Heard the learned Senior Counsel for the appellant,
the learned Spl. PP for the State, and the learned counsel for the
informant.
2. This is the second attempt on behalf of the
appellant. The present appeal is directed against the order dated
10.02.2026 passed in Bail Petition No. 421 of 2026 (SC/ST
Case No. 108 of 2024) by the learned 1st Additional Sessions
Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara, in
connection with Udwantnagar P.S. Case No. 287 of 2024,
registered on 04.07.2024, under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1) and 103(2) of the Bharatiya Nyaya
Patna High Court CR. APP (SJ) No.1510 of 2026(2) dt.01-07-2026
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Sanhita (BNS), Section 3(1)(r)(s) / 3(2)(v) of the SC/ST Act,
and Section 27 of the Arms Act.
3. As per the prosecution case, the informant and his
companions were sitting in an orchard when the accused
persons arrived, surrounded them, and started indiscriminate
firing. It is further alleged that co-accused Mala Devi instigated
the others to kill the informant by addressing him by his caste
name. The accused persons are also alleged to have assaulted
the informant and others with lathis, dandas, iron rods, and
firearms, causing fatal injuries to the informant, Birantan Ram,
who died on the spot. It is further alleged that the incident
occurred in connection with pressure to compromise an earlier
dispute, leading to the registration of the FIR.
4. Learned counsel for the appellant submits that the
appellant is quite innocent and has been falsely implicated in the
present case. It is further submitted that the appellant has been
in custody since 28.08.2024. It is also submitted that, in respect
of the same occurrence, Udwantnagar P.S. Case No. 286 of 2024
was registered by Ram Karan Yadav, Inspector of Police, who
provided a detailed account of the incident. It is stated in the
FIR that upon receiving information regarding the killing of
Virantan Ram, the police party reached the place of occurrence
Patna High Court CR. APP (SJ) No.1510 of 2026(2) dt.01-07-2026
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and began chasing the criminals. During the pursuit, the
criminals allegedly opened fire upon the police, and in
retaliatory firing by the police, one of the accused, namely Sonu
Sunny @ Alok Baba, sustained injuries and was apprehended. It
is further submitted that Sonu Sunny, along with Aman Kumar,
gave a statement admitting that they had taken a supari for the
murder of the deceased and had committed the crime.
5. Learned counsel for the appellant further submits
that Udwantnagar P.S. Case No. 286 of 2024 was registered on
04.07.2024 at about 04:15 P.M. against two accused persons,
namely Sonu Sunny and Aman Kumar. However, in the present
FIR, which relates to the same occurrence and was lodged by
the informant Nitish Kumar at 08:30 P.M. on 04.07.2024, it has
been alleged that the deceased was killed by the accused persons
in the present case. It is further submitted that if the deceased
had already been killed by the aforesaid two accused persons, as
is evident from Udwantnagar P.S. Case No. 286 of 2024, then
the present FIR appears to have been lodged only with the
intention of falsely implicating and harassing the present
appellant and the other accused persons.
6. Learned counsel for the State as well as the
informant have vehemently opposed the prayer for bail.
Patna High Court CR. APP (SJ) No.1510 of 2026(2) dt.01-07-2026
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7. I have heard learned counsel for the parties and
have perused the materials available on record. In the opinion of
this Court, since the police had already registered Udwantnagar
P.S. Case No. 286 of 2024 in respect of the killing of the
deceased and had also apprehended Sonu Sunny along with
Aman Kumar as accused persons, there was no occasion for
registration of a second FIR in respect of the same occurrence.
8. Even if the second FIR has been registered, it
would have been desirable that the trials arising out of both the
FIRs be conducted by the same learned trial Judge, which is not
being done.
9. Considering the aforesaid facts and circumstances,
this Court deems it fit and proper to enlarge the appellant on
bail.
10. Accordingly, the appeal stands allowed and the
impugned order dated 10.02.2026 passed in Bail Petition No.
421 of 2026 (SC/ST Case No. 108 of 2024) by the learned 1 st
Additional Sessions Judge-cum-Special Judge, SC/ST Act,
Bhojpur at Ara, in connection with Udwantnagar P.S. Case No.
287 of 2024 is hereby set aside.
11. Let the appellant, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. APP (SJ) No.1510 of 2026(2) dt.01-07-2026
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Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court below in connection with
Udwantnagar P.S. Case No. 287 of 2024.
12. The learned Principal District and Sessions Judge,
Bhojpur at Ara is directed to transfer the trials arising out of
Udwantnagar P.S. Case No. 286 of 2024 and Udwantnagar P.S.
Case No. 287 of 2024 to the same learned Court, so that both
trials may be conducted and disposed of side by side on the
same day.
13. Let a copy of this order be communicated to the
learned Principal District and Sessions Judge, Bhojpur at Ara
through FAX for compliance.
(Sandeep Kumar, J)
Shishir/-
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