Patna High Court
Shiv Bachan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the second FIR was an improper duplicate, the appellant is entitled to bail, and both trials must be consolidated before a single judge.
Summary
Shiv Bachan Choudhary appealed against the rejection of his regular bail application in a case (Udwantnagar PS Case No. 287 of 2024) involving offences under the BNS, SC/ST Act and Arms Act. The appellant contended that a prior FIR (Case No. 286 of 2024) had already addressed the same incident, making the later FIR a false, harassing case. The State argued that the trial was ongoing with several witnesses examined. The High Court held that filing a second FIR for the same occurrence was unnecessary and that both FIRs should be tried by the same judge; consequently, it granted bail to the appellant, set aside the order rejecting bail, and directed consolidation of the two trials. The appeal was allowed, bail was granted on a bond of Rs.10,000 with two sureties, and the trial of both cases was ordered to be transferred to a single court.
Issues considered
- When can a delay of 40 days in filing an appeal be condoned?
- Whether the second FIR (Case No. 287) constitutes a duplicate or false case in view of the earlier FIR (Case No. 286).
- Whether the appellant is entitled to bail despite the pending trial on multiple charges.
- Whether trials arising from two FIRs concerning the same occurrence must be conducted by the same trial judge.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 103(2), 109(1), 115(2), 126(2), 190, 191(2), 191(3)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- duplicate FIR
- trial consolidation
- SC/ST Act
- Arms Act
- criminal procedure
- false case
- harassment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.751 of 2026
Arising Out of PS. Case No.-287 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Shiv Bachan Choudhary S/O Late Ramashray Choudhary R/O Village-
Keshopur, Bakri, P.S. and P.O.- Udwant Nagar, Dist.- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Nitish Kumar S/O Late Sita Ram Rajak R/O Village- Keshopur, Bakri, P.S.
and P.O.- Udwant Nagar, Dist.- Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajesh Kumar
Mr.Abhishek Anand
Mr. Umesh Kumar
For the Respondent/s : Mr.Binay Krishna
Mr. Jharkhandi Upadhyay
For the Informant : Mr. Parmatma Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Re:- I.A. No. 01 of 2026.
The present interlocutory application has been filed
on behalf of the appellant for condoning the delay of 40 days in
filing of the present appeal.
2. For the reasons mentioned in the interlocutory
application, the same is allowed and the delay in filing of the
present appeal is hereby condoned.
Re:- CRIMINAL APPEAL (SJ) No.751 of 2026
3. Heard the parties.
4. This is the second attempt preferred by the
appellant against the order dated 09.10.2025 passed by the
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District and Additional Sessions Judge-1st-cum-Exclusive
Special Judge, SC/ST Act, Bhojpur at Ara in B.P. No. 3963 of
2025 arising out of Udwantnagar P.S. Case No. 287 of 2024
registered for the offence under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1) and 103(2) of the BNS and 3(1)(r)(s) /
3(2)(v) of the SC/ST Act and under Section 27 of the Arms Act,
by which the regular bail application preferred by the appellant
has been rejected.
5. As per the FIR, Harendra Chaudhary, Ram Shankar
Choudhary, Gopal Choudhary, Shiv Bachan Choudhary and the
appellant are said to have fired upon the deceased Virantan
Ram, who died on the spot. The occurrence has taken place
because of earlier dispute.
6. The appellant is in custody since 21.08.2024.
7. The learned counsel for the appellant has submitted
that for the same occurrence Udwantnagar P.S. Case No. 286 of
2024 was registered by the informant Ram Karan Yadav, the
inspector of police, who has given the details of the occurrence.
In the FIR, he has said that on receiving information about the
killing of Virantan Ram, the police party reached the place of
occurrence and has started following the criminals and when the
criminals fired upon the police, the police also had fired upon
Patna High Court CR. APP (SJ) No.751 of 2026(3) dt.13-05-2026
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the criminals in which one of the criminal namely Sonu Sunny
@ Alok Baba was shot and captured. He further submits that
Sonu Sunny along with Aman Kumar have given statement that
they had taken supari for killing the deceased and they have
killed the deceased.
8. Learned counsel for the petitioner further submits
that the FIR bearing Udwantnagar P.S. Case No. 286 of 2024
was registered on 4.7.2024 at around 4:15 P.M. against two
accused persons namely Sony Sunny and Aman Kumar but in
the present FIR, which has been filed for the same occurrence
by the informant one Nitish Kumar, at 8:30 P.M. on 4.7.2024, it
has been alleged that the deceased was killed by the accused
persons of the present case. He next submits that if the deceased
was killed by the aforesaid two accused persons which is
apparent from Udwantnagar P.S. Case No. 286 of 2024, this
false case has been filed only with an intention to harass the
accused persons of the present case.
9. Learned counsel for the State and the informant,
though, have opposed the prayer of the appellant by submitting
that in the trial, out of 11 witnesses, four have already been
examined but when this Court wanted to know the stage of trial
of Udwantnagar P.S. Case No. 286 of 2024, they were unable to
Patna High Court CR. APP (SJ) No.751 of 2026(3) dt.13-05-2026
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give any information regarding the same.
10. I have heard and considered the submission of the
parties.
11. In the opinion of this Court, when the police filed
Udwantnagar P.S. Case No. 286 of 2024 for killing of the
deceased and also captured Sonu Sunny, as an accused along
with one Aman then there was no occasion for filing the second
FIR i.e. the present FIR and even if the second FIR has been
accepted then the trial arising out of both the FIRs should have
been conducted by the same trial Judge but the same is not
being done.
12. Considering the aforesaid facts, this Court deems
it fit to enlarge the appellant on bail.
13. Accordingly, this appeal stands allowed and the
impugned order dated 9.10.2025, is hereby set aside.
14. Let the appellant, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Udwantnagar P.S.
Case No. 287 of 2024.
15. The Principal District and Sessions Judge,
Bhojpur at Ara is directed to transfer the trial of both the cases
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arsing out of same occurrence, i.e. Udwantnagar P.S. Case No.
286 of 2024 and Udwantnagar P.S. Case No. 287 of 2024 in the
same Court so that the trial of both the cases are disposed on the
same day side by side.
16. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Bhojpur at Ara through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
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