Patna High Court
Kariman Chaudhary @ Mritunjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Kariman Chaudhary was arrested on 11 July 2025 in connection with a murder case (Udwantnagar PS Case No. 195 of 2023) alleged under Sections 302/34 of the IPC and Section 27 of the Arms Act. The prosecution alleges that the accused, including the petitioner, fired at the informant's father, while the petitioner contends he was falsely implicated solely because he is a family member of the co‑accused. He points out that the FIR does not specifically allege any act of firing against him and cites the grant of bail to a similarly situated co‑accused. The State opposes bail, highlighting four prior criminal cases, two of which resulted in acquittal and the petitioner is currently on bail in the remaining two. After considering the lack of specific allegation, the petitioner’s claim of innocence, and the conditions of bail, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to strict compliance conditions. The order also directs verification of the petitioner’s criminal antecedents and provides for cancellation of bail if evidence is tampered with or antecedents are concealed.
Issues considered
- Whether bail should be granted to the petitioner accused of murder and offences under the Arms Act despite the seriousness of the charges and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal antecedent
- false implication
- family member
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1445 of 2026
Arising Out of PS. Case No.-195 Year-2023 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Kariman Chaudhary @ Mritunjay Kumar Son of Upendra Chaudhary
Resident of Village - Belaur, Ps- Udwantnagar, Dist- Bhojpur
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-01-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel
for the petitioner and Mr. Ram Naresh Ray, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.07.2025 in connection with Udwantnagar P.S. Case No. 195
of 2023, F.I.R. dated 29.04.2023 for the offences punishable
under Sections 302/34 of the IPC and Section 27 of the Arms
Act.
3. According to prosecution case, all the accused
persons including this petitioner have killed the father of the
informant by firing upon him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.1445 of 2026(2) dt.16-01-2026
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alleged in the F.I.R. Although the petitioner is named in the
F.I.R but from perusal of the F.I.R it appears that there is no
specific allegation of assault or firing attributed against the
petitioner rather the specific allegation of firing is against the
co-accused persons, namely, Butan Chaudhary, Upendra
Chaudhary and Rishi Chaudhary and the petitioner has no
concern at all from the present occurrence and he has been made
accused merely on the ground that he is family member of the
accused persons. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
He further submits that similarly situated, co-accused, namely,
Rupan Thakur @ Rupam Thakur has been granted bail by this
Court vide order dated 20.09.2023 passed in Cr. Misc. No.
60975 of 2023. The petitioner is in custody since 11.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
than the present one but fairly submits that out of four cases, he
has been acquitted in two cases and he is on bail in rest of the
two cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
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bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Bhojpur at Ara in connection with Udwantnagar P.S. Case No.
195 of 2023, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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