Patna High Court
Himanshu Choudhary @ Vicky @ Himanshu @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
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