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Patna High Court

Sunil Kumar Choudhary @ Sunil ChoudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Sunil Kumar Choudhary was arrested in connection with a case (PS Bhutahi, Case No. 144 of 2025) alleging that he supplied a weapon to Chitranjan, who subsequently fired at the petitioner's two young sons. The petitioner faced charges under sections 126(2), 329(4), 109, 351(3) & 3(5) of the Bihar Negotiable Statutes (BNS) and Section 27 of the Arms Act. He pleaded innocence, contending that the only allegation against him was the provision of the weapon and that the actual firing was solely attributable to Chitranjan. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. The Court, after weighing the facts, granted regular bail on the condition of a Rs.10,000 bond with two sureties, directing release to the satisfaction of the Principal District & Session Judge, Sitamarhi.

Issues considered

  • Whether the petitioner is entitled to regular bail despite serious charges under the BNS and the Arms Act.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • bail petition
  • criminal antecedents
  • Arms Act
  • child victims
  • weapon supply
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10059 of 2026
                      Arising Out of PS. Case No.-144 Year-2025 Thana- BHUTAHI District- Sitamarhi
                 ======================================================
                 Sunil Kumar Choudhary @ Sunil Choudhary Son of Nagendra Choudhary
                 R/o Village - Bhutahi, P.S. - Bhutahi, Dist. - Sitamarhi(Bihar).

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   329(4), 109, 351(3)&3(5) of the BNS and Section 27 of the

                   Arms Act.

                                3.    The case of the prosecution is that the petitioner

                   allegedly provided a weapon to one Chitranjan who thereafter ,

                   fired upon her sons, namely Dipnit Kumar aged about five

                   years and Ritesh Kumar aged about eight years.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   from perusal of the FIR, it is clear that only allegation against
            Patna High Court CR. MISC. No.10059 of 2026(4) dt.07-05-2026
                                                        2/2




                      the petitioner is that of providing weapon to the main assailant,

                      namely, Chitranjan. It is further submitted that the allegation of

                      firing is against Chitranjan and not against this petitioner.

                      Moreover, the petitioner is languishing in judicial custody since

                      17.11.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail stating that the

                      petitioner has two criminal antecedents.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Bhutahi P.S. Case No. 144 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Principal District & Session Judge, Sitamarahi, Bihar.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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