Patna High Court
Shivam Chaudhary @ Shivam kumar chaudhary @ KaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner.
Summary
Shivam Chaudhary applied for 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 incident involved an informant being shot while seated with the petitioner; two unknown persons fired the shots. The petitioner was not named in the FIR; his name surfaced only through a confessional statement of a co‑accused during investigation. The petitioner’s counsel argued that he was falsely implicated and has no direct involvement, while the State opposed bail. Considering that the petitioner was not an original accused, the reliance on a co‑accused’s confession, and his period of custody, the Court granted bail on a bond of Rs. 10,000 with two sureties, noting that the observation is prima facie and does not affect the trial.
Issues considered
- Whether bail should be granted to a person not originally named in the FIR but later implicated through a co‑accused’s confessional statement.
- Whether the nature of the offences (narcotic and arms offences) warrants denial of bail.
- Whether the period of custody and lack of direct evidence against the petitioner justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- narcotic offences
- co‑accused
- investigation
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35181 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Shivam Chaudhary @ Shivam kumar chaudhary @ Kalu Son of Chandra
Kishor Chaudhary @ Gopal Chaudhary @ Chandrkishor Choudhry, Resident
of Village- Sahasram Bathnaha (Tol), P.S.- Biraul, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Mili Kumari, Advocate
For the State : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing
mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Biraul P.S. Case No. 343 of 2025, registered for the offences
punishable under Sections 61(2), 109 and 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
4. As per prosecution case, while the informant was
sitting with the petitioner in his dalan, in the meantime, two
unknown persons riding on a motorcycle came there and opened
fire causing fire-arm injury on the left thigh of the informant.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.35181 of 2026(2) dt.21-05-2026
2/3
present case. The FIR is lodged against two unknown persons
and the petitioner is not named in the FIR. The name of the
petitioner sprung up in the present case as conspirator during the
course of investigation on the basis of confessional statement of
the co-accused Saurav Kumar Jha. Learned counsel lastly
submits that petitioner has one criminal antecedent in which he
is on bail and he is in custody since 21.02.2026.
6. Learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
7. Considering the aforesaid facts and
circumstances of the case and also the fact that petitioner was
not initially named as an accused and he is not even the assailant
as well as the fact that his name came on the confessional
statement of the co-accused during investigation and further
considering his period of custody, this Court is inclined to grant
bail to the petitioner.
8. 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 the learned Judicial
Magistrate 1st Class, Biraul, Darbhanga, in connection with
Patna High Court CR. MISC. No.35181 of 2026(2) dt.21-05-2026
3/3
Biraul P.S. Case No. 343 of 2025.
9. 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 observation
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)
Shahnawaz/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.