Patna High Court
Upendra Choudhary @ ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the recovery of arms and explosives warranted the dismissal of the bail application.
Summary
The petitioner, Upendra Choudhary, applied for regular bail in a case registered under Sections 25(1‑A), 26(2) and 35 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act, alleging that the seized weapons and grenades were recovered from a joint family house and not from his personal possession. The prosecution presented evidence of the recovery of an AK‑47 rifle, its magazines, magazines of an INSAS rifle and two live hand grenades, and highlighted the petitioner’s seven prior criminal antecedents and his custody since 7 April 2025. The petitioner’s senior counsel contended his innocence and lack of incriminating material in his possession. The State’s assistant public prosecutor opposed bail, emphasizing the seriousness of the recovered arms and explosives. The court, considering the nature of the offences and the material recovered, declined to grant bail and dismissed the application, noting that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the serious nature of the offences under the Arms Act and Explosive Substances Act and the recovery of weapons and explosives.
- Whether the petitioner’s prior criminal antecedents and continued custody affect the bail eligibility.
Legislation cited
- Arms Act — s. 25(1-A), 26(2), 35
- Explosive Substances Act — s. 3, 4
Subjects
- bail
- Arms Act
- Explosive Substances Act
- serious offence
- criminal antecedents
- weapon seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39680 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Upendra Choudhary @ Chaudhary S/o Late Janeshwar Choudhary R/o
Village - Belaur, P.S - Udwant Nagar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
Mr. Rakesh Kumar Sharma, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Udwant Nagar P.S. Case No. 177 of 2025 registered for the
offence under Sections 25(1-A), 26(2) and 35 of the Arms Act
read with Section 3/4 of the Explosive Substances Act..
3. As per the prosecution case, there is recovery of
one A.K. 47 rifle, one magazine of A.K. 47 rifle, magazines of
Insas rifle and two live hand grenade.
4. Learned senior counsel for the petitioner submits
that the petitioner is quite innocent and has not committed any
offence. Learned counsel submits that nothing incriminating has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.39680 of 2026(2) dt.22-06-2026
2/2
rather the alleged recovery have been made from a joint family
house. The petitioner is in custody since 07.04.2025 having
seven criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submits there is huge recovery
of arms and its ammunition from the petitioner.
6. Considering the recovery of A.K. 47, hand grenade
etc., I am not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. 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 observations
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.
(Sandeep Kumar, J)
sadique/-
U T
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