Created by Fuzzy Cloud

Patna High Court

Himanshu Choudhary @ Vicky @ Himanshu @ Himanshu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Himanshu Choudhary, was charged under several sections of the B.N.S. and the Arms Act for allegedly firing a weapon and causing injuries. He applied for regular bail, arguing that an earlier anticipatory bail order granted to another accused, Vijay Kumar Choudhary, should not affect his case. The State counsel contended that the petitioner’s alleged conduct differed, as he is accused of actually firing the weapon, and that the trial was still pending the examination of doctors and the investigating officer. The court, after considering these submissions, declined to grant bail, noting the seriousness of the allegations and the pending trial proceedings. It ordered the District Magistrate and Superintendent of Police to ensure that official witnesses are examined without undue delay.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the pending trial and the nature of the offences alleged

Legislation cited

Subjects

  • regular bail
  • anticipatory bail
  • Arms Act
  • criminal procedure
  • witness examination
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38758 of 2025
                  Arising Out of PS. Case No.-103 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Himanshu Choudhary @ Vicky @ Himanshu @ Himanshu Kumar S/o- Vijay
                 Choudhary Moh- Chandi English Ps- Sanjhauli Dist- Rohtas, PA- Jagdeo
                 Nagar, Boliya Road, P.S- Sasaram, District- Rohtas

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Singh
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1
                                                 Mr.Sunil Kumar Dubey
                                                 Mr.Bibhakar Tiwary
                                                 Mr.Suraj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   16-02-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in Sasaram (M) P. S. Case

                   No. 103 of 2025 registered for the offences punishable under

                   Sections 190, 191(2), 191(3), 192, 109, 352 and 351(2) of the

                   B.N.S. and Sections 27 and 30 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   Vijay Kumar Choudhary had moved this Court seeking

                   anticipatory bail by filing Cr. Misc. No.46241 of 2025 and the

                   same came to be allowed by an order dated 15.09.2025 after

                   considering the case in detail and on merit, on which the learned
Patna High Court CR. MISC. No.38758 of 2025(7) dt.16-02-2026
                                            2/3




          counsel appearing on behalf of the informant submits that case

          of this petitioner is not akin to the case of Vijay Kumar

          Choudhary as Vijay Kumar Choudhary is not alleged to have

          fired rather the allegation of firing is against the petitioner who

          is alleged to have fired causing firearm injury to Birendra

          Kumar and Baby Devi. It is also submitted that this fact has

          been taken note of in the order dated 15.09.2025 in Cr. Misc.

          No.46241 of 2025, on which the learned counsel appearing on

          behalf of the petitioner submits that petitioner is not seeking

          anticipatory bail rather is seeking regular bail. It is also

          submitted that petitioner is in custody since 20.03.2025, on

          which the learned counsel appearing on behalf of the informant

          submits that trial has commenced and only Doctors and the I.O.

          remain to be examined. It is also submitted that there are three

          doctors who were involved in the instant case, as such,

          examination of the doctors is required. It is also submitted that

          the next date in the case is 18.02.2026.

                       4. Considering the submissions made by the learned

          counsel appearing on behalf of the informant, the Court is not

          inclined to release the petitioner on bail.

                       5. The prayer of the petitioner for regular bail stands

          rejected.
               Patna High Court CR. MISC. No.38758 of 2025(7) dt.16-02-2026
                                                           3/3




                                      6. However, the Court directs the District Magistrate

                         and the Superintendent of Police, Rohtas at Sasaram to ensure

                         that the official witnesses are examined in the trial without any

                         undue delay.

                                      7. Let a copy of this order be sent to the District

                         Magistrate and the Superintendent of Police, Rohtas at Sasaram



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.