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Patna High Court

Harendra ChoudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U       T


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