Patna High Court
Raja ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Raja Chaudhary applied for regular bail in a case registered under Sections 61(2), 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleges that he was involved in an incident where a pistol was attempted to be snatched, resulting in a gun‑shot injury to his own thigh, as recorded in the confessional statement of co‑accused Saurav Kumar Jha. The petitioner claims innocence, stating that the confessional statement merely implicates him and that he has been in custody since 21‑02‑2026 with one prior criminal antecedent. The State opposed bail, but the court noted that the petitioner was the only person injured and that the factual disputes should be resolved at trial. Consequently, the court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, and clarified that its observations are prima facie and not determinative of the trial’s merits.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act, considering the injury to the petitioner and the pending trial.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 3(5), 61(2)
Subjects
- bail
- regular bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- injury
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34019 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Raja Chaudhary Son of Ram Lalit Chaudhary Resident of Village - Sahasram,
P.S.- Biraul, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Biraul P.S. Case No. 343 of 2025, registered under Sections
61(2), 109 and 3(5) of the B.N.S., 2023 and section 27 of the
Arms Act.
3. As per prosecution case, the petitioner sustained
gun shot injury in his thigh. During investigation, confessional
statement of co-accused Saurav Kumar Jha was recorded who
stated that the petitioner tried to snatch the pistol from Shivam’s
maternal uncle and during this accidentally bullet hit on his
thigh. On the basis of same, police changed his status from
informant to an accused. The fact remains that it was the
petitioner who sustained injury on his thigh.
Patna High Court CR. MISC. No.34019 of 2026(2) dt.19-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The name of the petitioner has transpired in this
case in the confessional statement of Saurabh Kumar Jha.
Petitioner has one criminal antecedent and he is in custody since
21.02.2026.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the fact that the petitioner was injured
and nobody else was injured and story in the confessional and
the story of the petitioner are to be tested only at the time of
trial, this application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M., Biraul,
Darbhanga/concerned court below in connection with Biraul
P.S. Case No. 343 of 2025.
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
Patna High Court CR. MISC. No.34019 of 2026(2) dt.19-05-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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