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Patna High Court

Phul Choudhary @ Phul Babu @ Chandramani Choudhary @ Phulbabu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                          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
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          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
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          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
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                                       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


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