Patna High Court
Anant Chaudhary @ Aanand Kumar @ Ajay Chaudhary @ Aanant Kumar @ Aanant ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail, holding that the allegations of common intention and unlawful assembly can be adjudicated at trial and do not preclude bail.
Summary
The petitioner, Anant Chaudhary, was arrested in connection with a murder case (Sessions Trial No. 2412 of 2025) involving alleged offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He claimed innocence, stating he was falsely implicated, and had been in custody since 23‑12‑2024. The State opposed bail, arguing that the petitioner is a habitual criminal who continues to threaten the informant. The court noted that the allegations pertain to common intention and unlawful assembly, matters that are ordinarily decided at trial, and therefore inclined to grant bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, while emphasizing that the observations were prima facie and not a determination on the merits.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of murder, common intention, unlawful assembly and possession of arms
- Whether the petitioner’s alleged habitual criminal background justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- habitual offender
- common intention
- unlawful assembly
- Arms Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24355 of 2026
Arising out of PS. Case No.-87 Year-2024 Thana- AIRPORT District- Patna
======================================================
Anant Chaudhary @ Aanand Kumar @ Ajay Chaudhary @ Aanant Kumar @
Aanant Chaudhary S/o Late Kamta Chaudhary Resident of Chaudhary Tola,
PS- Hawai Adda, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sessions
Trial No. 2412 of 2025 arising out of Patna Hawai Adda P.S. Case
No. 87 of 2024 instituted for the offences under Sections 103(1) and
3(5) of the Bharatiya Nyaya Sanhita and Section 27 of Arms Act.
3. The allegation is that on 10.07.2024 deceased Raj
Kumar went to meet accused Anant Chaudhary @ Aanand Kumar @
Ajay Chaudhary and informed his wife Priyanka Kumari. Later on
she received information from Hawai Adda police that her husband
had been shot and admitted to hospital where he was declared dead.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the present
case. The petitioner is in custody since 23.12.2024 and has got four
Patna High Court CR. MISC. No.24355 of 2026(3) dt.12-05-2026
2/2
criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the
informant has vehemently opposed the prayer for grant of bail to the
petitioner and states that petitioner is a habitual criminal and even
from custody he is threatening the informant and his family.
6. Considering that the petitioner is the order giver and the
allegation is of common intention and unlawful assembly which can
be adjudicated only at the time of trial, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-
XII Patna concerned Court in connection with Sessions Trial No.
2412 of 2025 arising out of Hawai Adda P.S. Case No. 87 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations shall
not be construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
abhishekkr/-
U T
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