Patna High Court
Sunil Kumar Choudhary @ Sunil ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 109, 126(2), 329(4), 3(5), 351(3)
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
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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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