Patna High Court
Phul Choudhary @ Phul Babu @ Chandramani Choudhary @ Phulbabu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the bail application, granting regular bail with conditions despite the petitioner’s extensive criminal antecedents.
Summary
The petitioner, Phul Choudhary, was arrested on 6 February 2026 in connection with a case under Sections 25(1‑B)A and 26 of the Arms Act after the police allegedly intercepted him with a country‑made pistol and a live cartridge. He had previously been granted bail in June 2025, which was later cancelled when the court discovered four additional pending cases that he had not disclosed. The petitioner filed a second regular bail application, contending that the seizure was irregular, that he was falsely implicated, and that he had now fully disclosed his ten criminal antecedents. The State opposed bail on the ground of his extensive criminal history. After considering the length of his custody, the undisclosed antecedents, and the seriousness of the offence, the court granted bail subject to stringent conditions, including surety, personal appearance, and regular reporting to the Superintendent of Police. The order expressly states that the observations made herein will not affect the trial proceedings.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)A and 26 of the Arms Act despite multiple undisclosed criminal antecedents.
- Whether the alleged procedural irregularities in the seizure of the weapon affect the bail decision.
- Whether the petitioner’s failure to disclose prior cases warrants cancellation of previously granted bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26
Subjects
- bail
- Arms Act
- criminal antecedents
- concealment of cases
- seizure procedure
- high court
- regular bail
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35154 of 2026
Arising Out of PS. Case No.-45 Year-2024 Thana- Parihara District- Begusarai
======================================================
Phul Choudhary @ Phul Babu @ Chandramani Choudhary @ Phulbabu
Choudhary, S/o Late Madhab Choudhary, Resident of Village- Parihara, Ward
No. 5, P.S.- Parihara, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv.
Mr. Amit Prakash, Adv.
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-05-2026 This is second attempt on behalf of the petitioner
for grant of regular bail.
2. Heard the learned counsel for the petitioner and
the learned Addl. Public Prosecutor for the State.
3. The petitioner, who is in custody since
06.02.2026, seeks bail in connection with Parihara P.S. Case No.
45 of 2024 registered for the offence(s) punishable under
Section(s) 25(1-B)A and 26 of the Arms Act.
Patna High Court CR. MISC. No.35154 of 2026(2) dt.15-05-2026
2/5
4. Earlier, vide order dated 17.06.2025 passed in
Cr. Misc. No. 10119 of 2025, the petitioner was granted bail by
this Court. However, on account of the fact that the petitioner
had not disclosed the entire criminal antecedents, his bail bonds
were accepted but, subsequently, when the Court came to know
that the petitioner had four other cases against his name, his bail
bonds were cancelled. The petitioner, thereafter, moved before
this Court vide Cr. Misc. No. 85798 of 2025 seeking
modification of the order dated 17.06.2025 passed in Cr. Misc.
No. 10119 of 2025. However, this Court vide order dated
19.12.2025 directed the petitioner to surrender before the
learned Trial Court and file a fresh application for bail.
5. The present application has been filed pursuant
to such observation made in the said application seeking
modification, i.e., Cr. Misc. No. 85798 of 2025.
6. The allegation against the petitioner is that the
police received a secret information that he was moving with
arms, whereafter the police party intercepted and caught hold of
him and on search, a country made pistol with one live cartridge
was recovered from his possession.
7. The learned counsel for the petitioner submits
that he has falsely been implicated in this case merely because
Patna High Court CR. MISC. No.35154 of 2026(2) dt.15-05-2026
3/5
he carries long list of antecedents against his name and no
incriminating article has been recovered from his possession. It
has been submitted that the procedure of seizure has not been
followed and, in fact, the petitioner was taken into custody on
false pretext. This time, it has been admitted that the petitioner
has altogether ten criminal antecedents against his name and in
all such cases, he is on bail and in the present case, he is
languishing in custody since 06.02.2026, after his application
seeking modification was withdrawn vide order dated
19.12.2025. It has also been submitted that the petitioner was
initially taken into custody on 23.09.2024.
8. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner and
submits that he carries long list of criminal antecedents and,
therefore, should not be released on bail.
9. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody for a considerable period, let the petitioner,
above-named, be released on bail on his/her furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.35154 of 2026(2) dt.15-05-2026
4/5
Parihara P.S. Case No. 45 of 2024, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) The concerned Court shall verify the criminal
antecedents of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. 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.
(v) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the concerned
Superintendent of Police within fifteen (15) days of his/her
release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him/her to initiate a proceeding for
cancellation of bail of the petitioner for reasons of misuse
of bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the Court
concerned.
Patna High Court CR. MISC. No.35154 of 2026(2) dt.15-05-2026
5/5
10. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
11. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.